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15.

16.

17.

COMPLIANCE WITH APPLICABLE LAWS Professional Engineer, at all times, shall fully and
completely comply with all applicable local, state and federal laws, statutes, regulations,
ordinances, orders, or requirements of any sort in carrying out the obligations of this contract,
including, but not limited to, all federal, state, and local accounting procedures and requirements,
all immigration and naturalization laws, and the Americans With Disabilities Act. Professional
Engineer shall, throughout the period services are to be performed under this contract, monitor for
any changes to the applicable laws, statutes, regulations, ordinances, orders, or requirements,
shall promptly notify the City of Nashua in writing of any changes to the same relating to or
affecting this contract, and shall submit detailed documentation of any effect of the change in
terms of both time and cost of performing the contract.

NONDISCRIMINATION If applicable or required under any federal or state law, statute, regulation,
order, or other requirement, Professional Engineer agrees to the following terms. Professional
Engineer will not discriminate against any employee or applicant for employment because of
physical or mental handicap in regard to any position for which the employee or applicant for
employment is qualified. Professional Engineer agrees to take affirmative action to employ,
advance in employment, or to otherwise treat qualified, handicapped individuals without
discrimination based upon physical or mental handicap in all employment practices, including but
not limited to the following: employment, upgrading, demotion, transfer, recruitment,
advertising, layoff, termination, rates of pay, or other forms of compensation and selection for
training, including apprenticeship.

Without limitation of the foregoing, Professional Engineer's attention is directed to 41 C.F.R. §
60-1.4, and the clause entitled "Equal Opportunity Clause" which, by reference, is incorporated
into this contract, to 41 C.F.R. § 60-250 et seq. and the clause entitled "Affirmative Action
Obligations of Professional Engineers and Subcontractor for Disabled Veterans and Veterans of
the Vietnam Era," which, by reference, is incorporated in this contract, and to 41 C.F.R. § 60-471
and the clause entitled "Affirmative Action Obligations of Professional Engineers and
Subcontractors for Handicapped Workers," which, by this reference, is incorporated in this
contract.

Professional Engineer agrees to assist disadvantaged business enterprises in obtaining business
opportunities by identifying and encouraging disadvantaged suppliers, consultants, and sub
consultants to participate to the extent possible, consistent with their qualification, quality of
work, and obligation of Professional Engineer under this contract.

In connection with the performance of work under this contract, Professional Engineer agrees not
to discriminate against any employee or applicant for employment because of race, creed, color,
national origin, sex, age, or sexual orientation. This agreement includes, but is not limited to, the
following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising,
layoff or termination, rates of pay or other forms of compensation, and selection for training,
including apprenticeship.

Professional Engineer agrees, if applicable, to insert these provisions in all subcontracts, except
for subcontracts for standard commercial supplies or raw materials. Any violation of any
applicable provision by Professional Engineer shall constitute a material breach of the contract.

FEDERAL SUBCONTRACTING REQUIREMENTS If Professional Engineer awards a subcontract
under this contract, Professional Engineer, if applicable, shall use the following alternative steps:

A. Using the services of the Small Business Administration and the Minority
Business Development Agency of the United States Department of Commerce,
as appropriate; and

B. Requiring the subcontractor, if it awards subcontracts, to take the affirmative
steps set forth in paragraph A.

GC 8 of 12

18.

19.

20.

21.

22.

C. If applicable, Professional Engineer agrees to complete and submit to the City of Nashua
a Minority Business Enterprise/(Woman Business Enterprise (MBE/WBE) Utilization
Report (Standard Form 334) within 30 days after the end of each fiscal quarter until the
end of the contract.

ENDORSEMENT Professional Engineer shall seal and/or stamp and sign professional documents
including drawings, plans, maps, reports, specifications, and other instruments of service prepared
by Professional Engineer or under its direction as required under the laws of the State of New
Hampshire.

ASSIGNMENT, TRANSFER, DELEGATION, OR SUBCONTRACTING Professional Engineer shall not
assign, transfer, delegate, or subcontract any rights, obligations, or duties under this contract
without the prior written consent of the City of Nashua. Any such assignment, transfer,
delegation, or subcontracting without the prior written consent of the City of Nashua is void. Any
consent of the City of Nashua to any assignment, transfer, delegation, or subcontracting shall only
apply to the incidents expressed and provided for in the written consent and shall not be deemed
to be a consent to any subsequent assignment, transfer, delegation, or subcontracting. Any such
assignment, transfer, delegation, or subcontract shall require compliance with or shall incorporate
all terms and conditions set forth in this agreement, including all incorporated Exhibits and
written amendments or modifications. Subject to the foregoing provisions, the contract inures to
the benefit of, and is binding upon, the successors and assigns of the parties.

CITY INSPECTION OF CONTRACT MATERIALS The books, records, documents and accounting
procedures and practices of Professional Engineer related to this contract shall be subject to
inspection, examination and audit by the City of Nashua, including, but not limited to, the
contracting agency, the Board of Public Works, Corporation Counsel, and, if applicable, the
Comptroller General of the United States, or any authorized representative of those entities.

DISPOSITION OF CONTRACT MATERIALS Any 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 Professional
Engineer in the performance of its obligations under this contract shall be the exclusive property
of the City of Nashua and all such materials shall be remitted and delivered, at Professional
Engineer's expense, by Professional Engineer to the City of Nashua upon completion,
termination, or cancellation of this contract. Alternatively, if the City of Nashua provides its
written approval to Professional Engineer, any 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 Professional
Engineer in the performance of its obligations under this contract must be retained by
Professional Engineer for a minimum of four years after final payment is made and all other
pending matters are closed. If, at any time during the retention period, the City of Nashua, in
writing, requests any or all of the materials, then Professional Engineer shall promptly remit and
deliver the materials, at Professional Engineer's expense, to the City of Nashua. Professional
Engineer shall not use, willingly allow or cause to have such materials used for any purpose other
than the performance of Professional Engineer's obligations under this contract without the prior
written consent of the City of Nashua. Engineer may retain one copy of the information

produced under this Agreement for archival purposes.

PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS Professional Engineer expressly agrees
that all documents ever submitted, filed, or deposited with the City of Nashua by Professional
Engineer (including those remitted to the City of Nashua by Professional Engineer pursuant to
paragraph 21), 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.

GC 9 of 12

23.

24.

25.

26.

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 Professional Engineer 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 Professional Engineer. The City of Nashua shall have the right to reproduce any
such materials.

Professional Engineer expressly and indefinitely waives all of its nights 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. Professional Engineer
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 reasonable 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 Professional Engineer infringes any copyright or that any
equipment, material, or process (or any part thereof) specified by Professional Engineer infringes
any patent.

Professional Engineer shall have the nght, 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, Professional Engineer
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 Professional Engineer in writing that the whole of the work was
completed on the date indicated in the notice or provide Professional Engineer with a written list
of work not completed. With respect to work listed by the City of Nashua as incomplete,
Professional Engineer 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 Professional Engineer 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 all payroll
deductions required by law. The contract sum and agreed variations to it shall include all taxes
imposed by law. Professional Engineer 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.

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.

GC 10 of 12

27.

28.

29.

30.

PROHIBITED INTERESTS Professional Engineer 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. Professional Engineer 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 Professional Engineer. If any such interest comes to the attention of
Professional Engineer at any time, a full and complete disclosure of the interest shall be
immediately made in writing to the City of Nashua. Professional Engineer 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. Professional Engineer 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 Professional Engineer (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, Professional Engineer shall refund to the City of Nashua any profits realized under
this contract, and Professional Engineer 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.

Professional Engineer warrants that no gratuities (including, but not limited to, entertainment or
gifts) were offered or given by Professional Engineer 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 nghts 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 Professional Engineer,
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 rights, powers, or
interest in any third party and this agreement is entered into for the exclusive benefit of the City
of Nashua and Professional Engineer.

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
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.

GC 11 of 12

31.

32.

MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT This contract constitutes the entire
contract between the City of Nashua and Professional Engineer. 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 12 of 12

Jim Donchess
Mayor e City of Nashua

To: Board of Aldermen

From: Mayor Jim Donchess

Date: September 9, 2021

Re: Multi-Year Contract Award — Postage Meter Lease

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 September 15, 2021 meeting and as such | am requesting the full Board
of Alderman approve the following contract:

Item: Postage Meter Lease
Value: $100.01 per month for 5 years for a total of $6,000.60
Vendor: Pitney Bowes
Purchasing Memo#: 22-172 dated September 9, 2021
Contract Term: 60 months
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

=m Nashua
e@= Public

Gs «Library

September 2, 2021

To: Mayor Jim Donchess

Finance Committee
From: Jennifer McCormack, Director
RE: Lease agreement with Pitney Bowes

The library would like to enter into a new postage meter lease agreement with Pitney Bowes spanning
the fiscal years 2022-2024 in the amount of $6000.60, paid quarterly in the amount of $300.03. This

new meter replaces our obsolete postage meter and is used for postage on materials for our Books by
Mail and Interlibrary Loan services. Funding for the lease payments is included in the library’s regular

appropriations.

Sincerely, A

feniilhGe McCormack

2 Court Street | Nashua, NH 03060 | 603.589.4600 | www.nashualibrary.org

To:

From:

Re:

B. Motion:

Attachments:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: May 25, 2022

David L. Boucher, Superintendent
Wastewater Department

Amendment to Dry Well Valve and Pipe Replacement project-Preliminary Design
Phase Services

To approve an amendment to the contract with Wright Pierce for the preliminary
design plans and specifications for the Dry Well Valve and Pipe Replacement
project in an amount not to exceed $78,300. Funding for this contract will be
through Department: 169 Wastewater; Fund: Wastewater Activities: Washpress
Upgrade and Screening Odor Control.

Wright Pierce Scope of Work and Fee Schedule

The Nashua Wastewater Treatment Facility dry well, consisting of four large
capacity pumps, associated valves and piping is in need of upgrades. The design
phase services for this project was awarded to Wright Pierce in January 2022.
Wright Pierce is currently in the early phase of the design.

Since this project started, two other capital project previously approved for
funding, could be combined with this project since all work is in the same general
vicinity of the plant. These two projects are the screening garage odor control unit
and the wash press chute modifications.

An odor control unit is needed for the screenings garage, which is located in the
floor above the dry well valve upgrades. The odor coming from the screenings
garage is the worst in the plant and an odor control unit on the exhaust fan is
needed to control the strong odors from the garage. Modifications to the wash
press is also needed as solid inorganic material in the influent wastewater, such as
asphalt stones from road work, synthetic rags and miscellaneous plastic debris can
clog the screening pipe. This usually happens during a big storm when high
turbulence can push small stone and other debris to the influent headwork screens.
A modification to the wash press chute is needed to minimize the potential for the
chute to become clogged with debris.

Wright Pierce has a working knowledge of what needs to be done for these 2
smaller projects, which will be added to the scope of the construction of the dry
well valve project. By including these project within the bigger dry well valve
upgrades project, the City will achieve economy of scale and better pricing.

Wright Pierce costs for the preliminary design (Phase I) is $105,800. Their costs
for adding these 2 smaller projects is $78,300. The new total costs for the
preliminary design phase comes to $184,100 with these 2 projects added.

pitney bowes ©

State and Local Fair Market Value Lease

Your Business Information

Agreement Number

Full Legal Name of Lessee / DBA Name of Lessee

NASHUA PUBLIC LIBRARY

Tax ID # (FEIN/TIN)
26000581

Sold-To: Address
2 COURT ST, NASHUA, NH, 03060-3475, US

Sold-To: Contact Name

Elena Kolbenson

Sold-To: Contact Phone #
6035894622

Sold-To: Account #
0016963471

Bill-To: Address
2 COURT ST, NASHUA, NH, 03060-3475, US

Bill-To: Contact Name

Elena Kolbenson

Bill-To: Contact Phone #
6035894622

Bill-To: Account # Bill-To: Email

0016963471 elena. kolbenson@nashualibrary.org

Ship-To: Address

2 COURT ST, NASHUA, NH, 03060-3475, US

Ship-To: Contact Name

Elena Kolbenson

Ship-To: Contact Phone #
6035894622

Ship-To: Account #
0016963471

PO#

Your Business NCCC S Se

Qty Item Business Solution Description
1 SENDPROCSERIES4
SendPro C Series - Version 4
1 7HOO
C Series IMI Meter
1 8HO0O ;
C Series IMI Base
1 C425
SendPro C425
1 DM2RKL
Return Kit for DM200/225 - Large
F9S2 Co
SendPro C Install Training with Shipping
1 HZ80001 ;
SendPro C Series Drop Stacker
1 ME1A
Meter Equipment - C Series
1 MP81
C Series Integrated Scale
1 MP8110 .
C-Series 10lb/5kg Upgrade
1 PAB1
C Series Premium App Bundle
1 PTJ1
SendPro Online
1 PTJA
SendPro Basic 1 User
1 PTJN
Single User Access
US154402.5 2/20 Page 1 of 3 ¥102117291

©2020 Pitney Bowes Inc. All rights reserved.
Pitney Bowes Confidential Information

See Pitney Bowes Terms for additional terms and conditions

1 PTK1
Web Browser Integration
1 PTK2
SendPro C Series Shipping Integration
1 SJS1
C200 SoftGuard
1 STDSLA
Standard SLA-Equipment Service Agreement (for SendPro C Series - Version 4)
1 ZH24
Manual Weight Entry
1 ZH27
HZ02 65 LPM Speed
1 ZHC425
SendPro C425 Base System Identifier
1 ZHD5
USPS Rates with Metered Letter
1 ZHD7
E Conf Services for Metered LTR. BDL
1 ZHWM
10Ib/5kg Weighing Option for MP81
VOU Payee rit Pla mam
Initial Term: 60 months Initial Payment Amount: { ) Tax Exempt Certificate Attached
Number of Months Monthly Amount Billed Quarterly at” () Tax Exempt Certificate Not Required
60 $ 100.01 $ 300.03 ({X) Purchase Power® transaction fees included
{ ) Purchase Power® transaction fees extra

“Does not include any applicable sales, use, or property taxes which will be billed separately.

Your Signature BelOW ue

Non-Appropriations. You warrant that you have funds available to make all payments until the end of your current fiscal period, and shall use your best efforts to obtain funds to make all
payments in each subsequent fiscal period through the end of your lease term. If your appropriation request to your legislative body, or funding authority ("Governing Body") for funds to
make the payments is denied, you may terminate the lease on the last day of the fiscal period for which funds have been appropriated, upon (i) submission of documentation reasonably
satisfactory to us evidencing the Governing Body's denial of an appropriation sufficient to continue the lease for the next succeeding fiscal period, and (ii) satisfaction of all charges and
obligations under the lease incurred through the end of the fiscal period for which funds have been appropriated, including the return of the equipment at your expense.

By signing below, you agree to be bound by all the terms of this Agreement, including the Pitney Bowes Terms (Version 2/20), which are available at http://www.pb.com/statelocalfmvterms
and are incorporated by reference. This lease will be binding on us after we have completed our credit and documentation approval process and have signed below. This lease requires
you either to provide proof of insurance or participate in the ValueMAX® equipment protection program (see Section 6 of the State and Local Fair Market Value Lease Terms) for an
additional fee. If software is included in the Order, additional terms apply which are available by clicking on the hyperlink for that software located at
http://www. pitneybowes.com/us/license-terms-of-use/software-and-subscription-terms-and-conditions.html. Those additional terms are incorporated by reference.

Not Applicable
State/Entity's Contract#

Lessee Signature

Pitney Bowes Signature

Print Name Print Name
Title Title
Date Date

Email Address

US154402.5 2/20 Page 2 of 3 Y102117291
©2020 Pitney Bowes Inc. All rights reserved. See Pitney Bowes Terms for additional terms and conditions
Pitney Bowes Confidential Information