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for any purpose other than the performance of Service Provider's obligations under this contract
without the prior written consent of the City of Nashua.

PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS Service Provider expressly agrees that all
documents ever submitted, filed, or deposited with the City of Nashua by Service Provider
(including those remitted to the City of Nashua by Service Provider pursuant to paragraph 20),
unless designated as confidential by a specific statue of the State of New Hampshire, shall be
treated as public records and shall be available for inspection and copying by any person, or any
governmental entity.

No books, reports, studies, photographs, negatives or other documents, data, drawings or other
materials including but not limited to those contained in media of any sort (e.g., electronic,
magnetic, digital} prepared by or supplied to Service Provider in the performance of its
obligations under this contract shall be the subject of any application for a copyright or patent by
or on behalf of Service Provider. The City of Nashua shall have the right to reproduce any such
materials.

Service Provider expressly and indefinitely waives all of its rights to bring, including but not
limited to, by way of complaint, interpleader, intervention, or any third party practice, any claims,
demands, suits, actions, judgments, or executions, for damages or any other relief, in any
administrative or judicial forum, against the City of Nashua or any of its officers or employees, in
either their official or individual capacity of the City of Nashua, for violations of or infringement
of the copyright or patent laws of the United States or of any other nation. Service Provider
agrees to indemnify, to defend, and to hold harmless the City of Nashua, its representatives, and
employees from any claim or action seeking to impose liability, costs, and attorney fees incurred
as a result of or in connection with any claim, whether nghtful or otherwise, that any material
prepared by or supplied to Service Provider infringes any copyright or that any equipment,
material, or process (or any part thereof) specified by Service Provider infringes any patent.

Service Provider shali have the right, in order to avoid such claims or actions, to substitute at its
expense non-infringing materials, concepts, products, or processes, or to modify such infringing
materials, concepts, products, or processes so they become non-infringing, or to obtain the
necessary licenses to use the infringing materials, concepts, products, or processes, provided that
such substituted or modified materials, concepts, products, or processes shall meet all the
requirements and be subject to all the terms and conditions of this contract.

FINAL ACCEPTANCE Upon completion of all work under the contract, Service Provider shall
notify the City of Nashua in writing of the date of the completion of the work and request
confirmation of the completion from the City of Nashua, Upon receipt of the notice, the City of
Nashua shall confirm to Service Provider in writing that the whole of the work was completed on
the date indicated in the notice or provide Service Provider with a written list of work not
completed. With respect to work listed by the City of Nashua as incomplete, Service Provider
shall promptly complete the work and the final acceptance procedure shall be repeated. The date
of final acceptance of a project by the City of Nashua shall be the date upon which the Board of
Public Works or other designated official accepts and approves the notice of completion.

TAXES Service Provider shall pay all taxes, levies, duties, and assessments of every nature due
in connection with any work performed under the contract and make any and ail payroll
deductions required by law. The contract sum and agreed variations to it shall include all taxes
imposed by law. Service Provider hereby indemnifies and holds harmless the City of Nashua
from any liability on account of any and all such taxes, levies, duties, assessments, and
deductions.

GC 9 of 13

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NON-WAIVER OF TERMS AND CONDITIONS None of the terms and conditions of this contract
shall be considered waived by the City of Nashua. There shall be no waiver of any past or future
default, breach, or modification of any of the terms and conditions of the contract unless
expressly stipulated to by the City of Nashua in a written waiver.

RIGHTS AND REMEDIES The duties and obligations imposed by the contract and the rights and
remedies available under the contract shall be in addition to and not a limitation of any duties,
obligations, rights, and remedies otherwise imposed or available by law.

PROHIBITED INTERESTS Service Provider shall not allow any officer or employee of the City of
Nashua to have any indirect or direct interest in this contract or the proceeds of this contract.
Service Provider warrants that no officer or employee of the City of Nashua has any direct or
indirect interest, whether contractual, noncontractual, financial or otherwise, in this contract or in
the business of Service Provider, If any such interest comes to the attention of Service Provider
at any time, a full and complete disclosure of the interest shall be immediately made in writing to
the City of Nashua. Service Provider also warrants that it presently has no interest and that it will
not acquire any interest, direct or indirect, which would conflict in any manner or degree with the
performance of services required to be performed under this contract. Service Provider further
warrants that no person having such an interest shall be employed in the performance of this
contract. If City of Nashua determines that a conflict exists and was not disclosed to the City of
Nashua, it may terminate the contract at will or for cause in accordance with paragraph 8.

In the event Service Provider (or any of its officers, partners, principals, or employees acting with
its authority) is convicted of a crime involving a public official arising out or in connection with
the procurement of work to be done or payments to be made under this contract, City of Nashua
may terminate the contract at will or for cause in accordance with paragraph 8. Upon termination,
Service Provider shall refund to the City of Nashua any profits realized under this contract, and
Service Provider shall be liable to the City of Nashua for any costs incurred by the City of Nashua
in completing the work described in this contract. At the discretion of the City of Nashua, these
sanctions shall also be applicable to any such conviction obtained after the expiration or
completion of the contract.

Service Provider warrants that no gratuities (including, but not limited to, entertainment or gifts)
were offered or given by Service Provider to any officer or employee of the City of Nashua with a
view toward securing a contract or securing favorable treatment with respect to the awarding or
amending or making of any determinations with respect to the performance of this contract. If
City of Nashua determines that such gratuities were or offered or given, it may terminate the
contract at will or for cause in accordance with paragraph 8.

The rights and remedies of this section shall in no way be considered for be construed as a waiver
of any other rights or remedies available to the City of Nashua under this contract or at law.

THIRD PARTY INTERESTS AND LIABILITIES The City of Nashua and Service Provider,
including any of their respective agents or employees, shall not be liable to third parties for any
act or omission of the other party. This contract is not intended to create any nghts, powers, or
interest in any third party and this agreement is entered into for the exclusive benefit of the City
of Nashua and Service Provider.

SURVIVAL OF RIGHTS AND OBLIGATIONS The rights and obligations of the parties that by their
nature survive termination or completion of this contract shall remain in full force and effect.

SEVERABILITY In the event that any provision of this contract is rendered invalid or

unenforceable by any valid act of Congress or of the New Hampshire legislature or any court of
competent jurisdiction, or is found to be in violation of state statutes or regulations, the invalidity

GC 10 of 13

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or unenforceability of any particular provision of this contract shall not affect any other provision,
the contract shall be construed as if such invalid or unenforceable provisions were omitted, and
the parties may renegotiate the invalid or unenforceable provisions for sole purpose of rectifying
the invalidity or unenforceability.

MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT This contract constitutes the entire
contract between the City of Nashua and Service Provider. The parties shall not be bound by or
be liable for any statement, representation, promise, inducement, or understanding of any kind or
nature not set forth in this contract. No changes, amendments, or modifications of any terms or
conditions of the contract shall be valid unless reduced to writing and signed by both parties.

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.

GC 11 of 13

ATTACHMENT B
SCOPE OF WORK

The Engineer has prepared this Contract Agreement for services relative to the
reconfiguration and reconstruction of the City Hall parking lots adjacent to the Nashua
Transit Center Retrofit Project. Currently, the parking lots and their access driveways are
separated. The goal of the redesign is to provide a connection between the parking
areas and combine the driveways for improved functionality and operation. The project
is anticipated to include reconfiguration and design of the parking lots adjacent to City
Hali to improve access and circulation.

The specific work items are further detailed as follows:

FIELD SURVEY AND UPDATED BASEPLAN

GPI will perform a detailed topographic field survey of the southerly parking lot at City
Hall. The detailed topographic survey will include detail necessary to design the
proposed improvements, including but not limited to: surface features including
curbing, drainage and utility surface structures, fences, walls, signs, mailboxes, HVAC
equipment, buildings, foundations, and other ancillary items; spot grade and 1-foot
contours; right of way lines, property lines, and ownership information; and
underground utility information including rims, inverts, and pipe sizes. The Consultant
will also collect additional boundary information to establish accurate right of way and
property lines. Said information gathered during the field survey will be added to the
existing base files being utilized for the Nashua Transit Center Retrofit Project.

PRELIMINARY DESIGN

Upon completion of the additional field survey and preparation of the updated
baseplan, the Consultant will begin preparation of the Preliminary Plans of the parking
lot redesign concept. The preliminary plans will be developed to include reconfigured
parking lot access and driveway consolidation, connectivity between the two existing
parking lots, parking stall layout, pedestrian flow and wheelchair ramps, schematic
drainage and grading plan, and pavement markings. The Preliminary Plans will be
submitted to the City in draft format for review and comment.

FINAL DESIGN

Once the City has reviewed and provided comment on the Preliminary Plans, the Final
Plans will be prepared. The Final Plans will include final engineering design and
calculations, detailed construction plans; grading, drainage, and utility plans; final
pavement markings and signs; detailed wheelchair ramp design; landscape plans; and
construction details. The deliverable will include Final Plans, Specifications and a
construction cost estimate. The Final Plans will be suitable for public bidding and
construction.

GC 12 of 13

Attachment C - Fee Schedule

GPI

Greenman-Pedersen, Inc.

City of Nashua
July 30, 2020

City Hall Parking Lot Survey and Design

Greenman-Pedersen, Inc.

WORK-HOURS

Project Engineer/ | Engineer/ Engineer /
LA LA LA

SUBTOTAL:

Assistant
Engineer /

LA

TOTAL
Technician HOURS

Direct Labor
Totals

SUBTOTAL: 20
Estimate 4 80
4 80 40 0
6 20 72 20
2% 31% 16% 6%
AVERAGE CLASSIFICATION RATES: $ 78.00 $ 57.00 $ 53.50 $ 38.50 $ 34.50 $ 29.50 $ 28.50
Direct Labor Totals: $ 468.00 $ 1,140.00 $ 2,568.00 $ 3,850.00 $ 1,794.00 $ 2,124.00 $ 570.00 $ 12,514.00
Overhead Totals: $ 755.73 $ 1,840.87 $ 4,146.81 $ 6,216.98 $ 2,896.95 $ 3,429.84 $ 920.44 $ 20,207.61
Fee Totals: $ 122.37 $ 298.09 §$ 671.48 $ 1,006.70 $ 469.10 $ 555.38 $ 149.04 $ 3,272.16
Project Tota: $ 1,346.10 $ 3,278.96 $ 7,386.29 $ 1107368 $ 5,160.05 $ 6,109.22 $ 1,639.48 $ 35,993.77
Overhead Rate: 161.48%
Fee: 10%
Direct Expenses:
Travel $ 300.00
Printing/Misc. $ 500.00
$ m
$ 800,00

GRAND TOTAL §$

36,793.77

THE CITY OF NASHUA Sete Cyl

Administrative Services
Purchasing Department

August 26, 2020
Memo #21-025

TO: Mayor Donchess
Finance Committee

SUBJECT: Safe Routes to School Project
Please see attached communications from Daniel Hudson, City Engineer dated August 27, 2020 for

project specific details related to this purchase. Below please find a summary of the purchase approval
request:

Item: Traffic Calming & Pedestrian Safety Construction for Charlotte Avenue
Elementary School Streets

Value: $288,812.25

Vendor: Northeast Mechanics of Pittsfield NH

Department: 160 Admin/Engineering & 169 Wastewater

Source Fund: Grant: Safe Routes Charlotte Ave $182,035.53
Trust: Northeast Quadrant Sidewalk Fund $48,593.72
Wastewater: Storm Abatement $58,083

Ordinance: 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.

We issued a competitive bidding RFP for this project on June 19, 2020 and received complete responses from the
following:

| Northeast Mechanics | Pittsfield, NH | $288,812.25

We are recommending this bid be awarded to the lowest total cost vendor who met the specification requirements
outlined in the RFP.

The City Engineer, Board of Public Works (8/27/20 BPW Meeting) and the Purchasing Department
respectfully request your approval of this contract.

Regards,
Kelly Parkinson

Purchasing Manager

ee D Hudson
C O’Connor

{ |
229 Main Street « Nashua, New Hampshire 03061 * Phone (603) 589-3330 « Fax (603) 589-3233

To:

From:

Re:

F. Motion:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: August 27, 2020

Daniel Hudson, P.E., City Engineer
Engineering Department

Charlotte Ave Elementary Safe Routes to School Project
NHDOT #28739, Fed X-A003 (786)

To approve the award of the construction contract for the Charlotte Avenue Safe
Routes to School Project to Northeast Earth Mechanics of Pittsfield, NH in the
amount of $288,812.25. Funding will be through: Department: 160
Admin/Engineering: Fund: Grant; Activity: Safe Routes Charlotte Ave;
Department: 169 - Wastewater; Fund: Wastewater, Activity Description:
Stormwater Abatement; and Department: 160 - Admin/Engineering: Fund: Trust:
Northeast Quadrant Sidewalk Fund.

This Safe Routes to School (SRTS) project involves the construction of traffic
calming and pedestrian safety improvements on Charlotte Avenue, Charlotte
Street, and Terry Street in the vicinity of the Charlotte Avenue Elementary
School. Proposed improvements include construction of new concrete sidewalks
with vertical granite curbing at the intersection of Charlotte Avenue and Charlotte
Street; construction of new bituminous sidewalk and new vertical granite curbing
on Charlotte Avenue from the east corner of Burgess Street to the west corner of
Meade Street; and construction of a new bituminous sidewalk, vertical granite
curb extension, and mid-block crosswalk at the main School entrance. Other work
includes, but is not limited to: installation of road drainage components;
installation of additional street lighting at the new crosswalk; removal of existing
crosswalks; installation of school zone flashing beacons with radar speed
feedback signs; and narrowing the travel way width on Charlotte Avenue between
Burgess Street and Meade Street. The project is partially funded through
NHDOT’s Safe Routes to School Program.

The contract was advertised for construction on June 19, 2020 with bids due by
July 15, 2020. The following bids were received:

Northeast Earth Mechanics of Pittsfield, NH $ 288,812.25

Northeast Earth Mechanics of Pittsfield, NH was the sole bidder, is included on
the NHDOT’s Prequalified Contractors List, their references have been checked
and found to be acceptable, and they have satisfactorily completed work for the
City previously.

is bs : : ~
we THE CITY OF NASHUA “the Cate City’

% Administrative Services
Purchasing Department

August 26, 2020
Memo #21-026

TO: Mayor Donchess
Finance Committee
SUBJECT: Fuel Island at Street Department Change Order #2
Please see attached communications from Jon Ibarra, Street Superintendent dated August 27, 2020 for

project specific details related to this purchase. Below please find a summary of the purchase approval
request:

Item: Painting of 2 Fuel Storage Tanks at Street Department
Value: $22,299
Vendor: Stephens & Marquis Associates of Merrimack NH

Department: 161 Streets
Source Fund: General & Escrow: Fuel Depot Rehab

Ordinance: 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 the Street Department, The Board of Public Works (8/27/20 BPW Meeting) and
the Purchasing Department respectfully request your approval of this contract.

Regards,

Kelly Parkinson
Purchasing Manager

Ce: Jibarra
C O'Connor

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

To:

From:

Re:

A. Motion:

Attachment:

Discussion:

City of Nashua, Public Works Division
Board of Public Works Meeting Date: August 27, 2020

Jon Ibarra, Superintendent
Street Department

Change Order #2 to the design build fuel island project at the Street Department

To approve Change Order #2 to the contract with Stephens-Marquis Associates,
Inc. of Merrimack, NH in the amount of $22,299 for the painting of the two fuel
storage tanks located at the Street Department. Funding will be through
Department: 161 Street; Funds: General and Escrow; Activity: Fuel Depot
Rehabilitation.

Quote

During the inspection process of the two fuei storage tanks it was determined that
they needed to be painted. Stephens-Marquis is currently working under contract
to complete the fuel island project and is able to paint the tanks while they are
performing the fuel island and tank upgrade work.

THE CITY OF NASHUA

Administrative Services
Purchasing Department

“The Gate City”

August 26, 2020
Memo #21-027

TO: Mayor Donchess
Finance Committee

SUBJECT: Office Trailers for Covid19 CDC Recommended Social Distancing Workspace
Please see attached communications from Jeff LaFleur, Superintendent of Solid Waste dated August 27,

2020 for project specific details related to this purchase. Below please find a summary of the purchase
approval request:

Item: 2 Silverline Office Trailers 12’x60’
Value: $160,460
Vendor: Triumph Modular of Littleton NH

Department: 168 Solid Waste
Source Fund: GOFERR Grant

Ordinance: 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.

Quotes were requested from the following vendors for this purchase:

Triumph Modular Littleton, MA
Versatile Office Trailers Port Byron, NY
Cassone Inc Ronkonkoma, NY
Willscott Pellham, NH

With Triumph Modular being the only supplier having available trailers, we are recommending this bid be awarded
to the lowest total cast vendor who met the specification and availability requirements.

The Superintendent of the Solid Waste Department, The Board of Public Works (8/27/20 BPW Meeting)
and the Purchasing Department respectfully request your approval of this contract.

Regards,
Kelly Parkinson

Purchasing Manager

CC J Lafleur
C O’Connor

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