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POLICEAPP.COM / Nashua, NH agreement - PAGE 8 of 8

City of Nashua

Purchasing Department

Administrative Services Division
229 Main Street - Nashua, NH 03060

(603) 589-3330
Fax (603) 594-3233

March 9, 2022
Memo #22-248

TO: Mayor Donchess
Finance Committee

SUBJECT: Landscaping for the Riverfront in the amount not to exceed $180,000 funded from 54280
Building/Grounds Maintenance/Riverfront TIF Fund

Please see attached communications from Tim Cummings, Director of Economic Development, dated
March 8, 2022 for project specific details related to this purchase. Below please find a summary of the
purchase approval request:

Item:

Value:
Vendor:
Department:
Source Fund:

Ordinance:

2022 Landscaping: seasonal maintenance at the Library to Pan Am Pedestrian
Bridge, Peddlers to Margaritas, upper edge of BAE parking lot, and both sides of

river behind 53-59 Main Street to Cottonmill Bridge
$30,000 per month for May thru October 2022 to total $180,000

Doty Group

183 Economic Development

54280 Building/Grounds Maintenance/ Riverfront TIF Fund

Pursuant to § 5-78 Major purchases (greater than $25,000) A. All supplies and
contractual services, except as otherwise provided herein, when the estimated
cost thereof shall exceed $25,000 shall be purchased by formal, written contract

from the lowest responsible bidder, after due notice inviting bids.

A competitive bidding RFP for this project was issued on 4/27/2021 and the following bids were received:

Vendor

Location

Amount

Note

Doty Group

Hollis NH

$376,00

The Economic Development Division, and the Purchasing Department respectfully request your approval

of this contract.

Regards,
Kelly Parkinson

Purchasing Manager

Ce: T Cummings
C Lindner

Jim Donchess
Mayor e City of Nashua

To: Board of Aldermen

From: Mayor Jim Donchess

Date: March 9, 2022

Re: Multi-Year Contract Award — Riverfront Landscaping

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 Finance Committee has approved and placed on file the notification of the award of the
referenced contract at the March 16, 2022 meeting and as such | am requesting the full Board of
Alderman approve the following contract:

Item: 2022 Landscaping: seasonal maintenance at the Library to Pan
Am Pedestrian Bridge, Peddlers to Margaritas, upper edge of
BAE parking lot, and both sides of river behind 53-59 Main Street
to Cottonmill Bridge

Value: $180,000

Vendor: Doty Group

Purchasing Memo#: 22-248 dated March 9, 2022

Contract Term: 5/1/22 through 10/31/23
Thank you.

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

THE CITY OF NASHUA

Economic Development

To: L. Wilshire, President
From: T. Cummings, Director
Ce: Members of the Board of Aldermen

Date: March 8, 2022

Re: Communication — Approval & Place on File a Contract for Professional Services related to
the Nashua Downtown Riverfront Project for Doty Landscaping

The Tax Increment Financing Development Program and Financing Plan adopted by the Board
through the passage of O-18 -006, states that the City Economic Development Director shall be
the Administrator of the District and shall have the power to, inter alia, “negotiate and sign,
upon the approval of the Board of Aldermen, any contracts relative to the design, engineering,
construction, or operations of any phase or component of the activities proposed under this
Plan.”

A copy of the Professional Engineering Services Contract related to the Nashua Downtown
Riverfront Implementation Project with Doty Landscaping, along with Exhibits outlining the
scope and basis for fees is attached. As shown the contract is the City’s standard Professional
Engineer services contract.

The attached is a multiyear contract ending 10-31-2023 for the landscaping and maintenance of
the Riverfront project. The total figure for this effort is $180,000.00. The source of funds is the
TIF account created to implement the downtown riverfront project.

Pursuant to NRO §5-91 relative to Contract Amendments and in conforming with the Tax
Increment Financing Development Program and Financing Plan, I am requesting the approval of
the Board of Aldermen for the award of the attached contract amendment of $180,000.00

CONTRACT FOR PROFESSIONAL SERVICES

TITLE

A CONTRACT BETWEEN

THE CITY OF NASHUA, 229 MAIN STREET, CITY HALL, NASHUA, NH 03060
AND

The Doty Group Inc

NAME AND TITLE OF PROFESSIONAL CONTRACTOR

26 PLAIN RD. HOLLIS, NH 03049

ADDRESS OF PROFESSIONAL CONTRACTOR

WHEREAS, the City of Nashua, a political subdivision of the State of New Hampshire, from
time to time requires the services of a Professional Contractor; and

WHEREAS, it is deemed that the services of a Professional Contractor herein specified are
both necessary and desirable and in the best interests of the City of Nashua; and

WHEREAS, Professional Contractor represents they are duly qualified, equipped, staffed,
ready, willing and able to perform and render the services hereinafter described;

Now, THEREFORE, in consideration of the agreements herein made, the parties mutually
agree as follows:

1. DOCUMENTS INCORPORATED. The following exhibits are by this reference incorporated herein
and are made part of this contract:

Exhibit A--General Conditions for Contracts
Exhibit B--Scope of Services

The Contract represents the entire and integrated agreement between the parties and supersedes
prior negotiations, proposals, representations or agreements, either written or oral. Any other
documents which are not listed in this Article are not part of the Contract.

In the event of a conflict between the terms of the Proposal and the terms of this Agreement, a
written change order and/or fully executed City of Nashua Purchase Order, the terms of this
Agreement, the written change order or the fully executed City of Nashua Purchase Order shall
control over the terms of the Proposal.

2. WORK TO BE PERFORMED Except as otherwise provided in this contract, Professional

Contractor shall furnish all services, equipment, and materials and shall perform all operations
necessary and required to carry out and perform in accordance with the terms and conditions of

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the contract the work described.

3. PERIOD OF PERFORMANCE. Professional Contractor shall perform and complete all work by 10-
31-2023 which date shall only be altered by mutually approved written agreement to extend the
period of performance or by termination in accordance with the terms of the contract. Professional
Contractor shall begin performance upon receipt of an Executed Contract and a valid Purchase
Order issued from the City of Nashua.

4. COMPENSATION. Professional Contractor agrees to perform the work for a total cost not to
exceed

($180,000.00)

The Contract Sum shall include all items and services necessary for the proper execution and
completion of the Work.

Unless Professional Contractor has received a written exemption from the City of Nashua,
Professional Contractor shall submit monthly requests for payment for services performed under
this agreement in accordance with the values stated in the Agreement. Such requests shall be
supported by such data substantiating the Professional Contractor’s right to payment as the City
of Nashua may reasonably require. Professional Contractor shall submit monthly requests for
payment for services performed under this agreement shall be submitted as follows:

> Electronically via email to VendorAPInvoices@ NashuaNH. gov

OR

> Paper Copies via US Mail to:

City of Nashua, City Hall
Accounts Payable

229 Main Street

Nashua, NH 03060

Please_do not submit invoices both electronically and paper copy.

In addition, and to facilitate the proper and timely payment of applications, the City of Nashua
requires that all submitted invoices contain a valid PURCHASE ORDER NUMBER.

Requests for payment shall be submitted no later than fifteen (15) days after the end of each month
and must include a detailed summary of the expenditures reported in a form that supports the
approved budget. Specifically, Professional Contractor agrees to provide the following with each
request for payment:

1. Appropriate invoice forms. The forms shall include the project purchase order number,

a listing of personnel hours and billing rates, and other expenditures for which payment is
sought.

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2. A progress report. The report shall include, for each monthly reporting period, a
description of the work accomplished, problems experienced, upcoming work, any extra
work carried out, and a schedule showing actual expenditures billed for the period,
cumulative total expenditures billed and paid to date under the contract, and a comparison
of cumulative total expenditures billed and paid to the approved budget.

The City of Nashua will pay for work satisfactorily completed by Professional Contractor. The
City of Nashua will pay Professional Contractor within 30 days of approval by the City of Nashua
of the submitted invoice forms and progress reports. The City of Nashua will make no payments
until the invoice forms and progress reports have been submitted and approved.

5. EFFECTIVE DATE OF CONTRACT. This contract shall not become effective until executed by
the City of Nashua.

6. NOTICES. All notices, requests, or approvals required or permitted to be given under this
contract shall be in writing, shall be sent by hand delivery, overnight carrier, or by United States
mail, postage prepaid, and registered or certified, and shall be addressed to:

CITY OF NASHUA REPRESENTATIVE: PROFESSIONAL CONTRACTOR REP:

Tim Cummings Nate Doty

City of Nashua The Doty Group
229 Main St 26 Plain Rd
Nashua, NH 03060 Hollis, NH 03049

Any notice required or permitted under this contract, if sent by United States mail, shall be deemed
to be given to and received by the addressee thereof on the third business day after being deposited
in the mail. The City of Nashua or Professional Contractor may change the address or
representative by giving written notice to the other party.

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) a [AL
|
al

Tim Cummings Dir. Economic Dev. \) Ata or . Viceore se Eas
(Printed Name and Title) (Printed Name and Witte) '
(Date) (Date) 4 " Ve

AG 3 of 4

ADAM FY NHN

EXHIBIT A
TABLE OF CONTENTS
GENERAL CONDITIONS

DEFINITIONS

PROFESSIONAL ENGINEER STATUS
STANDARD OF CARE

CIry OF NASHUA REPRESENTATIVE
CHANGES TO SCOPE OF WORK

CITY OF NASHUA COOPERATION

DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR

DISCREPANCIES

TERMINATION OF CONTRACT

DISPUTE RESOLUTION

NO DAMAGES FOR DELAY

INSURANCE

INDEMNIFICATION

FISCAL CONTINGENCY

COMPENSATION

COMPLIANCE WITH APPLICABLE LAWS
NONDISCRIMINATION

ENDORSEMENT

ASSIGNMENTS, TRANSFER, DELEGATION, OR SUBCONTRACTING

Ciry INSPECTION OF CONTRACT MATERIALS
DISPOSITION OF CONTRACT MATERIALS

PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS
FINAL ACCEPTANCE

TAXES

NON- WAIVER OF TERMS AND CONDITIONS

RIGHTS AND REMEDIES

PROHIBITED INTERESTS

THIRD PARTY INTERESTS AND LIABILITIES
SURVIVAL OF RIGHTS AND OBLIGATIONS
SEVERABILITY

MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT

CHOICE OF LAW AND VENUE
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1.

General Terms and Conditions

DEFINITIONS Unless otherwise required by the context, "Professional Contractor”, and its
successors, transferees and assignees (together “Professional Contractor’) includes any of
the Professional Contractor consultants, sub consultants, contractors, and subcontractors

PROFESSIONAL ENGINEER STATUS The parties agree that Professional Contractor shall
have the status of and shall perform all work under this contract as a Professional
Contractor, maintaining control over all its consultants, sub consultants, contractors, or
subcontractors. The only contractual relationship created by this contract is between the
City of Nashua and Professional Contractor, and nothing in this contract shall create any
contractual relationship between the City of Nashua and Professional Contractor
consultants, sub consultants, contractors, or subcontractors. The parties also agree that
Professional Engineer is not a City of Nashua employee and that there shall be no:

(1) Withholding of income taxes by the City of Nashua:

(2) Industrial insurance coverage provided by the City of Nashua;

(3) Participation in group insurance plans which may be available to employees
of the City of Nashua;

(4) Participation or contributions by either the Professional Engineer or the City
of Nashua to the public employee’s retirement system;

(5) Accumulation of vacation leave or sick leave provided by the City of
Nashua;

(6) Unemployment compensation coverage provided by the City of Nashua.

STANDARD OF CARE Professional Contractor shall be responsible for the professional
quality, technical accuracy, timely completion, and coordination of all work performed
under this contract. Professional Contractor warrants that all work shall be performed with
the degree of professional skill, care, diligence, and sound practices and judgment that are
normally exercised by recognized professional firms with respect to services of a similar
nature. It shall be the duty of Professional Engineer to assure at its own expense that all
work is technically sound and in conformance with all applicable federal, state, and local
laws, statutes, regulations, ordinances, orders, or other requirements. In addition to all
other rights which the City of Nashua may have, Professional Engineer shall, at its own
expense and without additional compensation, re-perform work to correct or revise any
deficiencies, omissions, or errors in the work or the product of the work or which result
from Professional Contractor failure to perform in accordance with this standard of care.
Any approval by the City of Nashua of any products or services furnished or used by
Professional Contractor shall not in any way relieve Professional Engineer of the
responsibility for professional and technical accuracy and adequacy of its work. City of
Nashua review, approval, or acceptance of, or payment for any of Professional Contractor
work under this contract shall not operate as a waiver of any of the City of Nashua's rights
or causes of action under this contract, and Professional Contractor shall be and remain
liable in accordance with the terms of the contract and applicable law.

Professional Contractor shall furnish competent and skilled personnel to perform the work
under this contract. The City of Nashua reserves the right to approve key personnel

GC 2 of 13

assigned by Professional Contractor to perform work under this contract. Approved key
personnel shall not be taken off of the project by Professional Contractor without the prior
written approval of the City of Nashua, except in the event of termination of employment.
Professional Contractor shall, if requested to do so by the City of Nashua, remove from the
job any personnel whom the City of Nashua determines to be incompetent, dishonest, or
uncooperative.

CITY OF NASHUA REPRESENTATIVE The City of Nashua may designate a City of Nashua
representative for this contract. If designated, all notices, project materials, requests by
Professional Contractor, and any other communication about the contract shall be addressed
or be delivered to the City of Nashua Representative.

CHANGES TO SCOPE OF WORK The City of Nashua may, at any time, by written order,
make changes to the general scope, character, or cost of this contract and in the services or
work to be performed, either increasing or decreasing the scope, character, or cost of
Professional Contractor performance under the contract. Professional Contractor shall
provide to the City of Nashua within 10 calendar days, a written proposal for accomplishing
the change. The proposal for a change shall provide enough detail, including personnel
hours for each sub-task and cost breakdowns of tasks, for the City of Nashua to be able to
adequately analyze the proposal. The City of Nashua will then determine in writing if
Professional Contractor should proceed with any or all of the proposed change. If the
change causes an increase or a decrease in Professional Contractor cost or time required for
performance of the contract as a whole, an equitable adjustment shall be made and the
contract accordingly modified in writing. Any claim of Professional Engineer for
adjustment under this clause shall be asserted in writing within 30 days of the date the City
of Nashua notified Professional Engineer of the change.

When Professional Contractor seeks changes, Professional Contractor shall, before any work
commences, estimate their effect on the cost of the contract and on its schedule and notify
the City of Nashua in writing of the estimate. The proposal for a change shall provide
enough detail, including personnel hours for each sub-task and cost breakdowns of tasks,
for the City of Nashua to be able to adequately analyze the proposal. The City of Nashua
will then determine in writing if Professional Contractor should proceed with any or all of
the proposed change.

Except as provided in this paragraph, Professional Contractor shall implement no change
unless the City of Nashua in writing approves the change. Unless otherwise agreed to in
writing, the provisions of this contract shall apply to all changes. The City of Nashua may
provide verbal approval of a change when the City of Nashua, in its sole discretion,
determines that time is critical or public health and safety are of concern. Any verbal
approval shall be confirmed in writing as soon as practicable. Any change undertaken
without prior City of Nashua approval shall not be compensated and is, at the City of
Nashua's election, sufficient reason for contract termination.

CITY OF NASHUA COOPERATION The City of Nashua agrees that its personnel will
cooperate with Professional Contractor in the performance of its work under this contract
and that such personnel will be available to Professional Contractor for consultation at
reasonable times and after being given sufficient advance notice that will prevent conflict
with their other responsibilities. The City of Nashua also agrees to provide Professional

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