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The CONTRACTOR’s drivers will take precautions to prevent spillage during
deliveries. Driver will immediately notify CITY of Nashua personnel of problems
resulting from defective equipment at the 11 Riverside Street, Nashua NH facility.
The City of Nashua will not be responsible for spillage during deliveries.

Quantity stated is an estimate based on history and anticipated needs. The CITY shall
not be bound to this specific quantity to fulfill the agreement.

Deliveries must be made between 6:00am - 9:00pm EST.

The bio-diesel component must meet ASTM-D-6751 code and the final blend must
meet the requirements of the D975 code.

The bio-diesel product must include a cold weather additive.
An authorized CITY of Nashua employee must sign all delivery slips.

All invoices must be forwarded to CITY of Nashua, c/o Accounts Payable, City Hall,
229 Main Street, PO Box 2019, Nashua NH 03061-2019. Invoices must identify the
delivery point, date and quantity, and must include proof of delivery slip.

Delivery price will be $ 2.4351 per gallon for the duration of this agreement.

The CONTRACTOR’ Certificate of Liability Insurance must be on file at the
CITY's Purchasing Office and Risk Management Department. New certificates must
be forwarded as coverage is renewed.

No confirming purchase order will be mailed to the CONTRACTOR from the CITY.
Nashua Transit, acting for the CITY, will issue draw-down orders to cover processing,
of invoices. However, no purchase order needs to be referenced on invoices.
Location of delivery point is the critical data to identify the CITY of Nashua cost
center.

All requests for delivery will come from an authorized CITY employee.

The CITY is utilizing funding from the Federal Transit Administration for this
project. The federally required FTA clauses for this contract can be found in the
attached document Exhibit A- FTA Clauses which are incorporated herein by
reference.

3. INSURANCE REQUIREMENTS

CONTRACTOR shall carry and maintain in effect during the performance of services under this
contract:

> General Liability (which must include hazardous material/waste coverage):
$1,000,000 per Occurrence
$2,000,000 Aggregate
(City of Nashua Additional Insured)

> Motor Vehicle Liability:
$1,000,000 Combined Single Limit *coverage must inciude aii owned, non-owned and
hired vehicles.

(City of Nashua Additional Insured)

> Workers’ Compensation Coverage according to Statute of the State of New
Hampshire:
$100,000 / $500,000 / $ 100,000
(Sole Proprietors not subject to Workers' Compensation requirements)

CONTRACTOR and subcontractors at every tier will fully comply with NH RSA Chapter 281-
A, "Workers' Compensation”.

CONTRACTOR shall maintain in effect at all times during the performance under this contract
all specified insurance coverage with insurers. None of the requirements as to types and limits to
be maintained by CONTRACTOR are intended to and shall not in any manner limit or qualify
the liabilities and obligations assumed by CONTRACTOR under the contract. The CITY shall
not maintain any insurance on behalf of CONTRACTOR. Subcontractors are subject to the same
insurance requirements as the CONTRACTOR and it shall be the CONTRACTOR's
responsibility to ensure compliance of this requirement.

The parties agree that CONTRACTOR shall have the status of and shall perform all work under
this agreement as an independent contractor, maintaining control over all its consultants, sub
consultants, contractors, or subcontractors. The only contractual relationship created by this
agreement is between the CITY and CONTRACTOR, and nothing in this agreement shall create
any contractual relationship between the CITY and CONTRACTOR's consultants, sub
consultants, contractors. The parties also agree that CONTRACTOR is not a CITY employee
and that there shall be no:

1. Withholding of income taxes by the CITY;

2. Industrial insurance coverage provided by the CITY;

3. Participation in group insurance plans which may be available to employees of the CITY;

4. Participation or contributions by either the CONTRACTOR or the CITY to the public
employees retirement system;
Accumulation of vacation leave or sick leave provided by the CITY;
Unemployment compensation coverage provided by the CITY.

nM

CONTRACTOR will provide the CITY with certificates of insurance for coverage, as listed, and
endorsements affecting coverage required by the Agreement. The CITY requires thirty days
written notice of cancellation or material change in coverage. The certificates and endorsements
for each insurance policy must be signed by a person authorized by the insurer and who is
licensed by the State of New Hampshire. General Liability, Employers’ Liability and Auto
Liability policies must name the City of Nashua as an additional insured and reflect on the
certificate of insurance. CONTRACTOR is responsible for filing updated certificates of
insurance with the City of Nashua's Risk Management Department during the life of the
contract.

> All deductibles and self-insured retentions shall be fully disclosed in the certificate(s) of
insurance.

> Ifaggregate limits of less than $2,000,000 are imposed on bodily injury and property
damage, CONTRACTOR must maintain umbrella liability insurance of at least
$1,000,000. All aggregates must be fully disclosed on the required certificate of
insurance.

> The specified insurance requirements do not relieve CONTRACTOR of its
responsibilities or limit the amount of its liability to the CITY or other persons, and
CONTRACTOR is encouraged to purchase such additional insurance, as it deems
necessary.

> The insurance provided herein is primary, and no insurance held or owned by CITY shall
be called upon to contribute to a loss.

>» CONTRACTOR is responsible for and required to remedy all damage or loss to any
property, including property of the CITY, caused in whole or part by CONTRACTOR or
anyone employed, directed, or supervised by CONTRACTOR.

Regardless of any coverage provided by any insurance, CONTRACTOR agrees to indemnify
and shall defend and hold harmless the CITY, its agents, officials, employees and authorized
representatives and their employees from and against any and all suits, causes of action, legal or
administrative proceedings, arbitrations, claims, demands, damages, liabilities, interest,
attorney's fees, costs and expenses of any kind or nature in any manner caused, occasioned, or
contributed to in whole or in part by reason of any negligent act, omission, or fault or willful
misconduct, whether active or passive, of CONTRACTOR or of anyone acting under its
direction or control or on its behalf in connection with or incidental to the performance of this
contract. CONTRACTOR's indemnity, defense and hold harmless obligations, or portions
thereof, shall not apply to liability caused by the negligence or willful misconduct of the party
indemnified or held harmless

4. GOVERNING LAW AND VENUE

This Agreement shall be interpreted and enforced in accordance with the laws of the state of
New Hampshire, excluding any choice of Jaw or conflicts of law rules that would result in the
application of the laws of a different jurisdiction, and any litigation related to this Agreement
shall be brought in a state court located in the State of New Hampshire.

5. SEVERABILITY

If any provision of this Agreement is determined to be void, unlawful, or otherwise
unenforceable, that provision shall be severed from the remainder of this Agreement, and
replaced automatically by a provision containing terms as neariy like the void, uniawfui, or
unenforceable provision as possible, or otherwise modified in such fashion as to preserve, to the
maximum extent possible, the original intent of the Parties, and this Agreement, as so modified,
shall continue to be in full force and effect.

6. AMENDMENT

No modification, amendment, or other change to this Agreement shall be effective unless agreed
to in a writing signed by each of the Parties.

Any proposed modification to the Scope of Work, including schedule, shall be submitted in
writing to the CITY with an explanation for the need to amend the Agreement and proposed
adjustment.

7. NO WAIVER

Failure or forbearance by any Party to exercise any of its nights or remedies under this
Agreement shall not constitute a waiver of such rights or remedies in that or any other instance.
No Party shall be deemed to have waived any right or remedy resulting from such failure to
perform unless it has made such waiver specifically in writing.

8. TERMINATION

This Agreement can be terminated, in its sole discretion, by the CITY at any time, and
CONTRACTOR will be paid for all work performed up to the termination date. The CITY shall
have the benefit of all work performed to the date of termination, and is entitled to all work,
reports, drafts, notes, recommendations, etc. performed or prepared by CONTRACTOR up to the
termination date. For termination by default please refer to the FTA clauses located within

Exhibit A.

9. ENTIRE AGREEMENT

This Agreement and any amendments to this Agreement contain the complete agreement between
the Parties with respect to the subject matter of this Agreement and supersede all other
agreements and understandings, whether written or oral, with respect to the matters contained in
this Agreement, including any letters of intent, term sheets or similar proposals exchanged by the
Parties.

IN WITNESS WHEREOPF, the Parties hereto have executed this Agreement effective as of the

CITY OF NASHUA
By: James W. Donchess, Duly Authorized

Signature:

Title: Mayor

Date:

CONTRACTOR
By: , Duly Authorized

Signature:

Title:

Date:

\ THE CITY OF NASHUA The Gate City”

Financial Services

Purchasing Department

May 9, 2019
Memo #19-148

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: PUBLIC HEALTH BUILDING RENOVATION DESIGN SERVICES (VALUE: $143,000)
DEPARTMENT: 183 ECONOMIC DEVELOPMENT; FUND: BOND

Please see attached communication from Tim Cummings, Director of Economic Development dated May
6, 2019 for the information related to this purchase.

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 Director of Economic Development and the Purchasing Department recommend approval of this
contract in the amount of $143,000 to Dennis Mires, P.A. The Architects of Manchester, NH.

Respecttull

Dan Kooken
Purchasing Manager

Ce: TCummings J Graziano

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

THE CITY OF NASHUA “the Gate City’

Economic Development

To: James Donchess, Mayor

From: T. Cummings, Economic Development Director

Ce: B. Bagley, Director Public Health & Community Services
Date: May 6, 2019

Re: Contract for Design Services for Public Health Building

The Office of Economic Development in partnership with the City’s Office of Public Health &
Community Services along with Building Maintenance solicited proposals for design services for the
Public Health Building in an RFP #0275-073118 released this past summer. Specifically, the services
sought are to assist with the renovation of 18 Mulberry Street.

I along with Bobbi Bagley and Jay Hunnewell solicited proposals from firms who have past experience
renovating and designing municipal buildings. Three firms responded and only two firms were deemed
valid to move forward through the procurement process. Jay Hunnewell, Kim Kleiner and I reviewed the
proposals and evaluated them on the following criteria: qualifications/experience, past performance and
service on similar projects, proposed approach to scope of work, responses in interviews and cost.

Dennis Mires a principle of “The Architects” was chosen unanimously due to their comprehensive
knowledge and their strong past experience working with municipalities, specifically Nashua on this
project.

Iam recommending awarding a contract for design services for the amount not to exceed $143,000 plus
miscellaneous expenses to The Architects. However, the way the proposal is structured the city is only
obligating to paying $24,000 for schematic design related services at this time. A written authorization to
proceed is necessary before the balance of the contract can be expended. The Purchase Order for the city
should only be issued for $24,000.

We built this additional safeguard into the contract to ensure we are designing a project with the available
budget, which is approximately $2.5 million dollars.

As a reminder the scope of work is focused on the building’s envelope: Doors, Windows, elevator,
creating ADA accessibility, upgrading HVAC and other miscellaneous improvements as necessary to be
code compliant.

Reyes eines, GPA Pppanis,
Kria tbs. ath

DENNIS MIRES, PLA.

THI ARCHITECTS
EXCELLENCE SINCE 1980

May 2, 2019

Tim Cummings, Economic Development Director
City Hall

229 Main Street

Nashua, NH

Cummingst@nashuanh.gov

Re: Architectural Services Contract
Nashua Public Health
18 Mulbury Street
Nashua, NH

Dear Tim,

This letter serves as an amendment to the AIA B101-2017 contract for full services that authorizes us
to proceed with schematic design only not to exceed $24,000. Should the project continue to move forward this
fee will be a part of the full-service contract of $143,700 as outlined in the AIA document. Returning an executed
copy of this letter will authorize us to proceed with schematic design only under the terms and conditions of
that phase of the work provided for in the AIA document.

We look torward to assisting you move this project forward to a successful conclusion. Should you have
additional questions, please contact me.

Sincerely,

For the City of Nashua

Dennis B. Mires, AIA, President Date
DBM\jd

(Architects_DS/ActiveProjects/NashuaPublicH ealth-2018058 /ArchSvesLtr5/2/19}

GOT LINLOW STREET
Masi ui ky NH tabod

GO. oOrF5 459448
inte tbearchiteers.ner
vowastheurc lirects ret

Init.

AGREEMENT made as of the day of April in the year Two Thousand and Nineteen

(in words, indicate day, month and vear.)

BETWEEN the Architect's client identified as the Owner:

(Name, legal status, address and other information)

City of Nashua

229 Main Street

PO Box 2019

Nashua, NH 03061-2019

and the Architect:
(Name, legal status, address and other information)

Dennis Mires, P.A. The Architecis
697 Union Street

Manchester, NH 03104

(603) 625-4548

for the following Project:
(Name, location und detailed description)

Nashua Public Heahth
Addition & Renovations
18 Mulberry Street
Nashua, NH

The Owner and Architect agree as follows.

AIA Document B104™ - 2017. Copynght @ 1974, 1978, 1987, 1997, 2007 and 2017 by The American Inst
AIA* Document is protected by U.S. Copyright Law and international Treaties, Unauthorized reproduction
bortion of it, may result in severe civil and crimmal! penalties, ana wil! be prosecuted to the maximum oxte

“ATA Document B101” - 2017

Standard Form of Agreement Between Owner and Architect

ADDITIONS AND DELETIONS:

Fhe author of this document has
added information needed for its
completion. The author may also
have revised the text of the originai
AIA standard form. An Additions and
Deletions Report that notes added
information as well as revisions to the
standard form text is available from
the author and should be reviawed A
vertical line in the left margin of this
document indicates where the author
has added necessary information
and where the author has added te or
deleted from the original AIA text.

This document has important legal
consequences. Consultation with an
attorney is encouraged with respect
to its completion or modification.

flute of Architects. All rights reserved. WARNING: This
or disiribution of this AIAT Document, or any
nt possible under the law. This document was

produced by AIA software al 11:12:42 ET on 04/02/2019 under Order No.0100024863 which expires on 12/13/2019, and is nol for resale.

User Notes:

(1131096974)

1

FINANCE COMMITTEE

JULY 20, 2022
7:00 Aldermanic Chamber and Zoom

Join Zoom Meeting: https://usO2web.zoom.us/j/82579551279? pwd=RHFxYOErUUSIbG 1 pZGh4RWxFZzA0UTO9
Meeting ID: 825 7955 1279 Passcode: 334571

By telephone: 1-929-205-6099
Meeting ID: 825 7955 1279 Passcode: 334571

If there is a problem with the audio, please dial 603-589-3329 to advise.

ROLL CALL

PUBLIC COMMENT

COMMUNICATIONS

From: Amy Girard, Purchasing Agent II
Re: Software & Hardware Maintenance in the amount not to exceed $77,660.01 funded from
54407 Software Maintenance & 54412 Hardware Maintenance

From: Amy Girard, Purchasing Agent II
Re: — Physicals for firefighters in the amount not to exceed $141,660 funded from Grant Funds: 2020
Assistance to Firefighter Grants & 53135 Medical Services

UNFINISHED BUSINESS

TABLED IN COMMITTEE

From: Tim Cummings, Economic Development Director
Re: | Communication — Approval & Place on File a Contract for Professional Engineering Services related to
the Nashua Downtown Riverfront Implementation Project with H.L. Turner Group

From: Tim Cummings, Economic Development Director

Re: | Communication — Approval & Place on File a Contract Amendment for Professional Engineering
Services related to the Nashua Downtown Riverfront Implementation Project VHB, Inc. for Water Street
Design Services

From: Kelly Parkinson, Purchasing Manager
Re: | Commissioning Services in the amount not to exceed $27,550 funded from 53107 Architect &
Engineering Services/DPW Facility (Economic Development)

NEW BUSINESS — RESOLUTIONS

NEW BUSINESS — ORDINANCES

RECORD OF EXPENDITURES

GENERAL DISCUSSION

PUBLIC COMMENT

REMARKS BY THE ALDERMEN

ADJOURNMENT