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SECTION 9: INTEGRATION

This agreement represents the entire agreement of the parties with respect to the subject matter
heraof, and all agreements entered into prior hereto with respect to the subject matter hereof
are revoked and superseded by this Agreement, and no representations, warranties,
inducements or oral agreements have been made by any of the parties except as expressly set
forth herein, or in other contemporaneous written agreements. This Agreement may not ba
changed, modified or rescinded except in writing, signed by all parties hereto, and any attempt
at oral modification of this Agreement shali be void and of no effect.

SECTION 10; CHOICE OF LAW

This Agreement shall be interpreted and enforced in accordance with the laws of the State of New
Hampshire, excluding any choice of law or conflicts of law rules that would result in the application
of the laws of a different jurisdiction.

SECTION 11: SEVERASILITY

if any provision of this Agreament is declared void or unenforceable, such provision shail be
deemed severed from this Agreament, which shalt otherwise remain in full force and affect.

SECTION 72: WAIVER

Failure of any party to exercise any right ar option arising out of a breach of this Agreement
shall not be deemed a waiver of any right or option with respect fo any subsequent or different
breach, or the continuance of any existing breach.

SECTION 13: COUNTERPARTS

This Agreement may be executed in any number of counterparts, all such counterparts
shall be deemed to constitute one and the same instrumant, and each of said counterparts
shall be deemed an original hereof.

SECTION 14: CAPTIONS

Captions and section heading used herein ara for convenience only and ara not a part of
this Agreement and shall not be deemed to fimit or alter any provisions hereof and shall
not be deemed relevant in construing this Agreement

SECTION 15: NOTICES

Any notice, consent or ether communication ("Notice") required or permitted under this
Agreement shall be in writing and either delivered in person, sent by electronic mail (email),sent
by facsimile transmission, deposited in the United States mail, postage prepaid, registered or
certifiad mail, raturm receipt requested, or deposited with any cammarcial air courier or express
service addressed as follows:

ffto SVTC:

Attention:

Carol Brooks, Board of Directors Chairperson
Souhegan Valley Transportation Collaborative
P.O. Box 753

Hollis, NH 03049

if to CITY:

James Donchess, Mayor
229 Main St

PO Box 2019

Nashua, NH 03061-2019

Notices shall be deemed received at the time it is personally served, on the day it is sent by
facsimile transmission, on the second day after its deposit with any commercial air courier or
express service or, if mailed, ten (10) days after the Notice is deposited in the United States

mail as above provided. Any time period stated in a Notice shall be computed from the time the
Notice is deemed received. Either party may change its mailing address or the person to receive
Notice by notifying the other Party as provided in this paragraph. Notices sent by facsimile
transmission shail also be sent by regular mail to the recipient at the above address. This
requirement for duplicate notice is nat intended to change the effective date of the notice sant
by facsimile transmission.

SECTION 16: ASSIGNMENT, TRANSFER, DELEGATION, OR SUBCONTRACTING

SVTC and City shall not assign, tansfer, delegate, or subcontract any rights, obligations, or
duties under this agreement without the prior written consent of the other party. Any such
assignment, transfer, delegation, or subcontracting without the prior written consent of the other
partly is void. Consent shall not be unreasonably withheld. Consent to any assignment, transfer,
delegation, or subcontracting shall only apply to the incidents expressed and provided for in the
written consent and shail not be deemed to be a consent to any subsequent assignment,
transfer, delegation, or subcontracting. Any such assignment, transfer, delagation, or
subcontract shail require compliance with or shail incorporate ail terms and conditions set forth
in this agraement, including any incorporated exhibits and written amandmants or modifications.
Subject to the foregaing provisions, the contract inures to the benefit of, and is binding upon, the
successors and assigns of the parties.

SECTION 17: LEGAL COMPLIANCE AND PROHIBITION

To the extent applicable, SVTC and CITY each warrant compliance with any and all applicable
govemmental restrictions, regulations and rules of duly constituted authorities having jurisdiction
over transit services provided via this Agreement. Parties acknowledge that a breach of this
warranty is a material breach of this Agreement and parties are subject to penalties for
violation{s) of this provision, including termination of this Agreement.

GITY and SVTC each retain the right to inspect the documents of any and all contractors,
subcontractors and sub-subcontractors performing work and/or services relating to this
Agreement to ensure compliance with this warranty. Any and all costs associated with
inspections are the sole responsibility of the party subject to inspection. SVTC and CITY each
hereby agree to indemnify, defend and hold each other harmless for, from and against all losses
and liabilities arising from any and all violations thereof.

IN WITNESS WHEREOF, the Parties have caused this Agraemant to be executed and
delivered as of the date first set forth above.

City of Nashua
By:

James Donchess, Mayor
Date:

Souhegan Valley Transporiation Collaborative
By:

Carol Bracks, Chairperson

Title: Os ona geBramiens
Date: -,| | asa

Nashua Regiorél Manningommissian

Jaytirkarah, Executive Director
ie: LZ xeccohive Directgr

Date: se f2/
f ¢#

By:

10

LEGISLATIVE YEAR 2021
RESOLUTION: R-21-131

PURPOSE: Authorizing the City of Nashua to enter into contracts with
Nashua Community College, Rivier University, Town of
Hudson, The Plus Company and the Souhegan Valley
Transportation Collaborative for transit services.

SPONSOR(S): Mayor Jim Donchess

COMMITTEE

ASSIGNMENT: Budget Review Committee

FISCAL NOTE: These revenue contracts provide local matching funds to the transit

operating grant.

ANALYSIS

This resolution authorizes the City of Nashua to enter into contracts with Nashua Community
College, Rivier University, Town of Hudson, The Plus Company and the Souhegan Valley
Transportation Collaborative for transit services for the period of July 1, 2021 through June 30,
2022.

Approved as to form: Office of Corporation Counsel

By: /s/Celia K. Leonard

Date: April 7, 2021

Reference #3
Art Dudley Contracting

Art Dudley- President and Owner- acdudley@acdcontractor.com
(207) 642-3696

P. O. Box 1477
Standish, Maine 04084

MHS is a supplier of All Division 10 Products to this contractor for various school and municipal

projects. We currently have roughly $500,000 in current contracts for lockers and other division
10 items.

CURRENT CONTRACTS IN LAST 5 YEARS WITH CITY OF NASHUA:
MHS Has not had any direct contracts with the City of Nashua over the past S years

We have been are currently a sub contractor for many projects in Nashua, currently, the
Nashua DPW, Nashua Middle School, and are currently doing work at Rivier University, the FAA
in Nahsua, Planet Fitness- Nashua, and have been a sub at the Nashua Wastewater Treatment
project in 2017, and we also installed all the lockers at the Nashua North and South High
Schools, and have been a sub at the Sunset Heights School as well.

O-21-058

ORDINANCE

AMENDING THE FLOODPLAIN MANAGEMENT LAND USE ORDINANCES

CITY OF NASHUA

in the Year Two Thousand and Twenty-One

The City of Nashua ordains that Part H “General Legislation”, Chapter 190 “Land Use”,
Article VII “Floodplain Management” of the Nashua Revised Ordinances, as amended, be
hereby further amended by deleting the struck-through language and adding the new underlined
language as follows:

“ARTICLE VI
Floodplain Management

§ 190-62. Definition of terms.

REGULATORY FLGODWAY - The channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the base flood without
increasing the water surface elevation. These areas are designated as floodways on the
Flood Insurance Rate Map.

[Delete existing diagram and replace with diagram below:]

ORDINANCE 0-21-0538

§ 190-63. Construction requirements.

The Building Department of Building Safety shall review all building permit applications
for new construction or substantial improvements to determine whether proposed
building sites will be reasonably safe from flooding. If a proposed building site is located

in a special flood hazard area, all new-construction or substantialimprovements
development shall:

A.

Be designed (or modified) and adequately anchored to prevent floatation,
collapse, or lateral movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy;

Be constructed with materials resistant to flood damage;
Be constructed by methods and practices that minimize flood damages; and

All non-residential development Bbe constructed with electrical, heating,
ventilation, plumbing, and air conditioning equipment, and other service facilities
that are designed and/or located so as to prevent water from entering or
accumulating within the components during conditions of flooding-; and

All residential development. including new construction, placements of new
manufactured homes. and Substantial Improvements, be constructed with
electrical, heating, ventilation, plumbing. and air conditioning equipment, and
other service facilities that are located at least 1 foot above base flood elevation so

ORDINANCE O-21-058

as to prevent water from entering or accumulating within the components during
conditions of flocding.

§ 190-64. Water and sewer systems.

Where new or replacement water and sewer systems (including on-site systems) are
proposed in a special flood hazard area, the applicant shall provide the Administrative
Officer with assurance that these systems will be designed to minimize or eliminate
infiltration of floodwaters into the systems and discharges from the systems into
floodwaters, and on-site waste disposal systems will be located at least 1 foot above the
base flood elevation to avoid impairment to them or contamination from them during
periods of flooding.

§ 190-65. Certification.

A. For all new or substantially improved structures located in Zones A, AE or AO,
the applicant shall furnish the following information to the Building Department

of Building Safety:

(1) The Elevation Certificate stating as-built elevation (in relation to NGYD
NAVD88) of the lowest floor Gncluding basement) and include whether or
not such structures contain a basement.

(2) If the structure has been floodproofed, the as-built elevation (in relation to
NGVB NAVD88) to which the structure was floodproofed.

(3) Any certification of floodproofing.

B. The Building Department of Building Safety shall maintain the aforementioned
information for public inspection, and shall furnish such information upon request
in accordance with NH RSA 91-A.

§ 190-68. Special flood hazard areas.

A. Determination of flood elevation. In special flood hazard areas, the
Administrative Officer shall determine the one-hundred-year flood elevation in
the following order of precedence according to the data available:

(1) In Zone AE, refer to the elevation data provided in the community's Flood
Insurance Study and accompanying FIRM.

(2) In Zone A, the Administrative Officer shall obtain, review, and reasonably
utilize any one-hundred-year flood elevation data available from any
federal, state or other source, including data submitted for development

ORDINANCE

O-21-058

proposals submitted to the community (i.e., subdivisions, site approvals).
Where a one-hundred-year flood elevation is not available or not known,
the flood elevation shall be determined to be at least 2 feet above the
highest adjacent grade.

(3) In Zone AO, the flood elevation is determined by adding the elevation of
the highest adjacent grade to the depth number specified on the FIRM or,
if no depth number is specified on the FIRM, at least two feet.

B. Criteria. The Administrative Officer's one-hundred-year flood elevation

determination will be used as criteria for requiring in Zones A, AE and AO that:

(1)

(2)

All new construction or substantial improvement of residential structures
have the lowest floor (including basement) elevated at least _1 foot te-er
above the one-hundred-year flood elevation.

That all new construction or substantial improvements of nonresidential
structures have the lowest floor (including basement) elevated at least one
or two feet te-or above the one-hundred-year flood level depending on the
Flood Design Class (one foot for Flood Design Classes 1. 2 and 3 and two
feet_or the 500-year flood elevation, whichever is higher for Flood Design
Class 4) or to the Design Flood Elevation, whichever is higher or, together
with attendant utility and sanitary facilities, shall:

(a) Be floodproofed so that below the one-hundred-year flood
elevation the structure is watertight with walls substantially
impermeable to the passage of water;

(b) Have structural components capable of resisting hydrostatic and
hydrodynamic loads and the effects of buoyancy; and

(c) Be certified by a registered professional engineer or architect that
the design and methods of construction are in accordance with
accepted standards of practice for meeting the provisions of this
section.

All manufactured homes to be placed or substantially improved within
special flood hazard areas shall be elevated on a permanent foundation
such that the lowest floor of the manufactured home is at least 1 foot ater
above the base flood level; and be securely anchored to resist floatation,
collapse, or lateral movement. Methods of anchoring may include, but are
not limited to, use of over-the-top or frame ties to ground anchors.

ORDINANCE O-21-058

§ 109-70. Variances and appeals.

A. Appeals. Any order, requirement, decision or determination of the Administrative
Officer made under this chapter may be appealed to the Zoning Board of
Adjustment as set forth in RSA 676:5 and Part 3 of this chapter.

B. Variances. If the applicant, upon appeal, requests a variance as authorized by

RSA 674:33-465), the applicant shall have the burden of showing in addition to the
usual variance standards under state law that:

39

All other ordinances or parts of ordinances inconsistent herewith are hereby repealed.

This ordinance shall become effective immediately upon passage.