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13.

14.

15.

16.

any negligent act, omission, or fault or willful misconduct, whether active or passive, of
Professional Engineer or of anyone acting under its direction or control or on its behalf in
connection with or incidental to the performance of this contract. Professional Engineer’s
indemnity and hold harmless obligations, or portions thereof, shall not apply to liability
caused by the sole negligence or willful misconduct of the party indemnified or held
harmless.

FISCAL CONTINGENCY All payments under this contract are contingent upon the
availability to the City of Nashua of the necessary funds. This contract shall terminate and
the City of Nashua's obligations under it shall be extinguished at the end of any fiscal year
in which the City of Nashua fails to appropriate monies for the ensuing fiscal year sufficient
for the performance of this contract.

Nothing in this contract shall be construed to provide Professional Engineer with a right of
payment over any other entity. Any funds obligated by the City of Nashua under this
contract that are not paid to Professional Engineer shall automatically revert to the City of
Nashua’s discretionary control upon the completion, termination, or cancellation of the
agreement. The City of Nashua shall not have any obligation to re-award or to provide, in
any manner, the unexpended funds to Professional Engineer. Professional Engineer shall
have no claim of any sort to the unexpended funds.

COMPENSATION Review by the City of Nashua of Professional Engineer's submitted
monthly invoice forms and progress reports for payment will be promptly accomplished
by the City of Nashua. If there is insufficient information, the City of Nashua may require
Professional Engineer to submit additional information. Unless the City of Nashua, in its
sole discretion, decides otherwise, the City of Nashua shall pay Professional Engineer in
full within 30 days of approval of the submitted monthly invoice forms and progress
reports.

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,

GC 8 of 13

17.

18.

19.

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 “Title
41“Public Contracts and Property Management” C.F.R. Subtitle B “Other Provisions
Relating to Public Contracts” Section 60 “Office of Federal Contract Compliance
Programs, Equal Employment, Department of Labor” 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.

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.

GC 9 of 13

20. DISPOSITION OF CONTRACT MATERIALS Any books, reports, studies, photographs,

2l.

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.

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 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 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 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. 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 attorney fees incurred as a result of or in
connection with any claim, whether rightful 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 right, in order to avoid such claims or actions, to
substitute at its expense non-infringing materials, concepts, products, or processes, or to

GC 10 of 13

22.

23.

24.

25.

26.

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.

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

GC 11 of 13

27.

28.

29.

30.

31.

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 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 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.

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

GC 12 of 13

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 13 of 13

Exhibit B

The Doty Group, Inc.

26 Plain Road

Hollis. NH 03049

603.490.0103 incoroorated
contactthedotygroup@gmail.com (enneepe Denar Consines nom ond Mpmemmans
Estimate

ADDRESS ESTIMATE 1507

City of Nashua, N.H. - Office of Economic Development DATE 02/11/2022

P.O. Box 2019 EXPIRATION DATE = 10/31/2023

Nashua. NH 03061

ACTIVITY aTyY RATE AMOUNT
Scope of Work 100,000.00
2022 Landscape

Seasonal maintenance of growth, Library to Pan Am Pedestrian Bridge

To be done with long reach excavator and flail mower

Seasonal May - October

Completed weekly with laborers and hand powered gas tools OR with excavator and flail mower/mulcher
when available (both will yield same results)

Scope of Work 35,000.00
2022 Landscape

Seasonal maintenance of walk from Peddlers to Margaritas, and along upper edge length of BAE parking lot.

(Nothing below edge level on the slope)

Seasonal May - October

Completed weekly with laborers and hand powered gas tools OR with excavator and fla mower/mulcher

when available (both will yied same results)

Scope of Work 45,000.00
2022 Landscape

Seasonal maintenance of growth, both sides of river behind 53-59 Main Street to Cottonmill Bridge

Seasonal May - October

Completed weekly with laborers and hand powered gas tools OR with excavator and flail mower/mulcher

when available (both will yield same results)

Notes

Tentative billing to look like the below, 6 payments of $30,000 from May thru October.
May 1 $30,000

June 1 $30,000

July 1 $30,000

Aug 1 $30,000

Sept 1 $30,000

Oct 1 $30,000

Labor
Any water access work needed for any growth that cannot be reached from iand would be billed at $75 per

man hour plus any boat rentals and disposal fees.

Labor
Grafitti removal and other on-call requests to be billed at $75/man hour - 5 hour minimum

Snow Removal

2022-2023 Pricing

Machine hours billed at $125/hour
Shovel hours billed at $75/hour

rhank you for the opportunity! TOTAL $1 80, 000.00

Please be advised that we prefer cash or check payments.

Page 1 of 2

We are able la accept credit card payments for an additional
3% charge.

Accepted By

Acceptad Date

Page 2 of 2

NASHUA - DIVISION OF PUBLIC WORKS - ACTIVE FILES ROOM 204

Filing Capacity

Active Room 204 . 4 ye
Actual LF1 5,336"
Nominal LFI 5,568"
Actual LFF 444'8"
Nominal LFF 464'0" 72"
Include Existing
System Weight Summary Report 7
Total media weight 8,832.00 Ibs 42"
Total equipment weight 3,774.56 lbs —
Total picklist weight 0.00 Ibs _ |
to TAU a
Total aisle weight (15 Ibs/ft2) 1,027.27 Ibs 10'4
Total system (media, equipment and aisle) weight 13,633.83 Ibs
Total Foot-Print area 182.87 ft?
Total weight load per square foot (avg unit load) 74.56 lbs/ft?
Maximum Deflection Allowed is: L/700
Weight load (line load*) under front rail 6,197.24 lbs 453.46 lbs/ft
Weight load (line load*) under back rail 5,800.11 lbs 424.40 Ibs/ft
*Line Load calculations do not include weight of adjacent static shelving, floor, ramp, or aisles.
Project Name: Nashua - Division of Public Works Project #: APPROVAL
This drawing Approved By:
DONNEGAN SYSTEMS, INC. Drawn by:
Salesperson: Scale Rev level: AL
“The Document and Storage Management Professionals" WENCIS,MARK 3/8" = 1 Date Printed: Dated,
03/31/2022

Copyright © 2022 Donnegan Systems, Inc.. This material is proprietary and confidential, and the disclosure reproduction by photography, film, blueprint or otherwise or incorporation into any information retrieval system without first recetving written approval from Donnegan Systems, Inc. is expressly prohibited by law.

COPYRIGHT © 2022 DONNEGAN SYSTEMS, INC.. ALL RIGHTS RESERVED

re - Nashua
e@®® Public
™)) Library

March 7, 2022

Ms. Lori Wilshire, President
Nashua Board of Aldermen
City of Nashua, NH

Dear President Wilshire,

The Board of Library Trustees requests a Joint Convention with the Mayor and Board of
Aldermen for the purpose of placing the name of Scott Jaquith in nomination as Library
Board Trustee for a seven-year term to expire on March 31, 2029.

Sincerely,

huh Vr k ,

Linda Laflamme, Chairman
Board of Library Trustees
Nashua Public Library

cc: James Donchess, Mayor

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