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All concerns regarding this Agreement and the Scope of Services described within this
Agreement shall first be directed to the Division of Public Health and Community Services
Director. The Director shall bring forward any concerns to the appropriate City department or
City Official.

The Contractor shall submit by e-mail, an electronic copy of the required Impoundment &
Quarantine Monthly Report to the Division of Public Health and Community Services Director.

The Executive Director and/or the designated Directors of the HSFN shall meet with the
following City staff at least two (2) times per year to review the monthly reports and contract
deliverables: Director of the Division of Public Health and Community Services, Health Officer,
Animal Control Officer, Chief of Police or designee, and Finance Manager for the Division of
Public Health and Community Services.

CITY INSPECTION OF PLACE OF PERFORMANCE AND CONTRACT MATERIALS

The Contractor’s Place of Performance shall be subject to inspection and compliance with the
City of Nashua’s Revised Ordinance 93-3, Keeping and Housing Animals. This shall include:
the location, construction, erection and sanitary condition of all structures used in the fulfillment
of the Scope of Services of this Agreement. In accordance with NRO 93-3, the Contractor shall
submit any plans to the Board of Health before any building used in the keeping and housing of
animals under this Agreement shall be constructed, altered, extended or moved.

The books, records, documents and accounting procedures and practices of the Contractor related
to this contract shall be subject to inspection, examination and audit by the City, including, but
not limited to, the contracting agency and Corporation Counsel.

The City will provide at least 48 hours notice of inspection.
SUBCONTRACTORS

The Contractor may, at his/her discretion and at his/her own expense, employ such
subcontractors as may be necessary for the performance of work. The Contractor agrees to pay
any wages, taxes, unemployment insurance, withholding taxes, and workers’ compensation
insurance required by law for subcontractors. Said subcontractors will not be paid or supervised
by the City. The Contractor shall provide the City with prior notice of the Contractor’s intent to
employ subcontractors to perform any services required by this Agreement. The City shall have
the right to reject any subcontractors for good cause. Prior approval by the City of a
subcontractor is not required in emergency situations.

INSURANCE

The Contractor agrees to provide his/her own workers’ compensation and liability insurance for
work performed, naming the City as additional insured. The contractor must maintain required
limits of coverage for the duration of the contract/project.

Prior to commencement with the project, the selected agency/individual will be required to
provide proof of insurance, ten (10) days prior to commencing work under the contract document

4

and will notify the City of any changes in coverage or change of carrier should they deviate from
the following:

- Comprehensive General Liability - $1,000,000 per occurrence/$2,000,000 aggregate -
City of Nashua must be named as an additional insured.

- Workers' Compensation by a Class A Carrier as required by statute/Employers' Liability
of $500,000/$500,000/$500,000.

Contractor shall maintain for the duration of the contract all required insurance coverage.
Coverage must be written with an insurance carrier licensed to do business in the State of New
Hampshire. City of Nashua requires thirty (30) days written notice of cancellation or material
change in coverage.

Contractor is responsible for filing updated Certificates of Insurance with the City of Nashua
Risk Management Department during the life of the contract. A copy of the current Certificates
of Insurance must be submitted to the Director of the City of Nashua’s Division of Public Health
and Community Services within thirty (30) days of the signing of the Agreement.

Regardless of the coverage provided by any insurance, the 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,
attorneys’ 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 the 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. The Contractor's indemnity, defense 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. The City agrees to indemnify, defend and hold harmless the
Contractor, 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 resulting or arising from the City’s, its agents’ or representatives’ sole
negligence or willful conduct.

COMPLIANCE WITH APPLICABLE LAWS

The Contractor, at ail 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 state and local laws and
requirements regarding the impoundment and quarantining of animals, federal, state, and local
accounting procedures and requirements, all immigration and naturalization laws, and the
Americans With Disabilities Act. The Contractor 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 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.

5

MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT

This contract constitutes the entire contract between the City and the Contractor. 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.

In the event that any current law, regulation, or ordinance, either local or state, is amended,
rescinded, newly enforced or enacted which affects this Agreement, the parties shall, in good
faith, amend this Agreement in order to be in compliance with said Legislative changes. If said
changes cause an increase in fees or costs by either party, the parties in good faith shall amend
this Agreement to reflect the treatment of said fees or costs.

INDEPENDENT CONTRACTOR

The Contractor agrees that HSFN is completely independent from the City and is not an
employee of the City. The Contractor warrants that HSFN may work for other individuals and/or
entities.

CHOICE OF LAW AND VENUE

This Agreement shall be governed exclusively by the laws of the State of New Hampshire and
any litigation regarding the interpretation or enforcement of this Agreement shall only be
brought in a court located in the State of New Hampshire.

Douglas Barry, Executive Director James Donchess, Mayor
Humane Society for Greater Nashua Corporation City of Nashua, NH
Date Date

| THE CITY OF NASHUA “The Cate City

Financial Services

Purchasing Department

July 26, 2018
Memo #19-033

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: . CONTRACT FOR 2018 FEDERAL PAVING PROGRAM-AMHERST ST. (RT. 104A),
SOMERSET PARKWAY, BROAD ST. (RT 130) AND KINSLEY ST. (RT. 111)
(VALUE: $3,987,519)
DEPARTMENT: 160 ADMIN/ENGINEERING; FUND: GRANT
ACTIVITY: NHDOT NASHUA ROADWAY IMPROVEMENTS

Please see the attached communication from Stephen Dookran, P.E., City Engineer, dated July 26, 2018
for 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, wnen 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 City Engineer, Board of Public Works (July 26, 2018 meeting) and the Purchasing Department
recommend the award of this contract in an amount of $3,987,519 to Newport Construction
Corporation of Nashua, NH.

Respectfully, “=
"SP y ao f

CO Map Ti Ly

. an Kooken
Purchasing Manager

Ce: S Dookran L Fauteux

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

Amounts included in restricted cash represent those required to be set aside as outlined in
Note 1.

Accounts Receivable

Accounts receivable consisted of the following at December 31, 2020 and 2019:

(in thousands) 2020 2019
Accounts receivable - billed S 4,365 S 3,091
Less allowance for doubtful accounts (68) (50)
Accounts receivable - billed, net S 4,297 § 3,041
Accounts receivable - unbilled S 4,473 S 2,575

Less allowance for doubtful accounts - -

Accounts receivable - unbilled, net S 4,473 $ 2,575

Deferred Charges and Other Assets

Deferred charges and other assets as of December 31, 2020 and 2019 consisted of the
following:

Recovery
Period
(in thousands) 2020 2019 (in years)
Regulatory assets:
Source development charges S 1,004 $ 801 5-25
Miscellaneous studies 998 790 2-25
Unrecovered pension and post-retirement
benefits expense 14,197 11,347 0)
Total regulatory assets 16,199 12,938
Supplemental executive retirement plan asset 815 789
Total deferred charges and other assets S 17,014 § 13,727

"! We expect to recover these amounts consistent with the anticipated expense recognition of these assets.

109

To:

From:

Re:

Attachments:

EK. Motion:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: July 26, 2018

Stephen Dookran, P.E., City Engineer
Engineering Department

2018 Federal Paving Program — Amherst St. (Rt. 101A), Somerset Parkway, Broad St. (Rt.
130) and Kinsley St (Rt. 111)

Limits of paving — table and map

To approve the construction contract for the 2018 Federal Paving Program [paving of
Amherst St. (Rt. 101A), Somerset Parkway, Broad St. (Rt. 130) and Kinsley St (Rt. 111]
to Newport Construction Corp. of Nashua, NH in the amount of $3,987,518.90. Funding
will be through: Department: 160 Admin/Engineering; Fund: Grant; Activity: NHDOT
Nashua Roadway Improvements.

The Engineering Dept. successfully received approval from the NHDOT and FHWA to
repurpose approximately $4.5 million of federal money that was earmarked for the Broad
Street Parkway project to pave four City-maintained State highways, which include
portions of Amherst St. (Rt. 101A), Somerset Parkway, Broad St. (Rt. 130) and Kinsley St
(Rt. 111), the limits of which are shown on the attached map. Approximately, 5 miles of
multilane, heavily traveled roadway will be paved through this project. The work also
includes replacing obsolete and broken drainage and sewer castings. This work is
expected to begin this year and completed in the summer of 2019.

Using federal money for a paving contract includes the requirement that existing
sidewalks along the paving route be handicap accessible according to the American
Disabilities Act (ADA). A sidewalk improvement contract is under construction to ensure
that this requirement is satisfied.

The contract was advertised on June 22, 2018. Two contractors attended the non-
mandatory pre-bid meeting. Three contractors submitted bids on July 19, 2018 and are
listed below:

Pike Industries, Belmont, NH $ 4,739,511.05

Brox Industries, Inc., Dracut, MA $ 4,385,427.60

Newport Construction Corp., Nashua, NH = $ 3,987,518.90

Newport Construction Corporation of Nashua, NH at a bid price of $ 3,987,518.90 is the
qualified low bidder. Since this contract is using federal dollars, this contract award also

needs final approval from NHDOT and FHWA. Newport is currently working on the 2018
Paving Program. This

Paving — Amherst Street (Route101A),
. Somerset Parkway,
Broad Street (Route 130) and
Kinsley Street (Route 111)

NHDOT & Federal Project Numbers:
Nashua #41049

City of Nashua:
IFBO660-071718

Construction Specifications
and
Contract Documents

Prepared By:

Engineering Department
8 Riverside St
Nashua, NH 03062
Tel: (603) 589-3120
Fax: (603) 589-3169

Prepared For:

City of Nashua, New Hampshire
Division of Public Works
Engineering Department

June 2018

\ THE CITY OF NASHUA “The Cate Chy’

Financial Services

Purchasing Departient

dune 22, 2018
INVITATION TO BID

Paving - Amherst Street (Route 101A), Somerset Parkway,
Broad Street (Route 130) and Kinsley Street (Route 111)
TFBO660-071718

The City of Nashua, Division of Public Works, is seeking bids for Paving Amherst Street (Route 101A), Somerset
Parkway, Broad Street (Route 130) and Kinsley Street (Route 111). The scheduled work is located in the City of Nashua
and consists primarily of deep pavement milling with overlay.

The anticipated Commencement date for the contract is on or about August 15, 2018. Project will begin once a written
“Notice to Proceed” is issued,

Completion times for the project will be as follows:

' Substantial completion for Amherst Street (Route 101A) and Somerset Parkway shall be by October 5, 201. Substantial
completion for Broad Street (Route 130) shall be by June 28, 2019. Substantial completion for Kinsley Street shall be by
October 5, 2018. Substantial completion occurs when all paving is complete and markings and signage have been
installed.

Contract completion shall be by July 30, 2019.

INSTRUCTIONS TO BIDDERS:

The City is now accepting submittals electronically via Bid Express. Please review the attachments, Bid Express Vendor
Guide and Vendor Set-up Guide for more information. Ifa Bidder chooses io submit a paper copy, they must be submit
one (1) original and two (2) copies c/o Central Purchasing, 229 Main Street, Room 128, Nashua, NH, 03061, in sealed
envelopes clearly marked “ “IFB660-071718 Paving Amherst Street (Route 101A), Somerset Parkway, Broad Street
(Route 130) and Kinsley Strect (Route 111), Regardless of the method of submission, bids must be received no later than
3:30 pm on Tuesday, July 17, 2018. Bids will be opened and publicly read al that time. Results showing all bidders’
identities and their respective bid amounts will be available on our website, www.nashuanhvoy, under Services: Bid
Opportunities; Bid Results, (Refer to Document IFB660-071718), within twenty-four (24) hours after the opening.

A Non-Mandatory pre-bid conference will be held at 10:00 am, Wednesday, June 27, 2018 at the City of Nashua
Division of Public Works, 9 Riverside Street, Nashua, NH 03062. The meeting is an opportunity for the City of Nashua
to averview the project and objectives, and participants to request additional information directly from City of Nashua
staff managing or participating in the project.

Bid documents are available electronically from the City of Nashua website: www.nastuanh.wov, under Services, Bid
Opportunities; Current Bids; (Refer to Document IF B660-071718). Please note paper copies will ret be available.

No bid documents are available at the Central Purchasing.

Bids must be submitted in the format provided and address the items specified in the bid package.

Delivery of the Bids shall be at the Vendor’s expense, The time of receipt shall be considered when a Bid has been
officially documented by the Department, in accordance with its established policies, as having been received at the

229 Main Sveet » Nashua, New Hampshire 03061 ¢ Phone (603) 589-3330 Fax (603) 589-3233,

location designated above. The City of Nashua accepts no responsibility for mislabeled mail, Any and all damage that
may occur due to shipping shall be the Vendor’s responsibility.

Postmarks or other timestamps will pot be accepted in lieu of actual delivery. The firm can use whatever delivery
mechanism it chooses as long as it remains clear that the firm is responsible for submissions prior to the date and time.

The City of Nashua assumes no liability for the payment of costs and expenses incurred by any bidder in responding to
this request for bids. All bids become the sole property of the City of Nashua. This request for bids is not a contract and

alone shall not be interpreted as such but rather serves as an instrument through which bids are solicited.

The project timeline is as follows:

Date Time/Location
Bid Documents Friday, June 22, 2018 On City of Nashua Website Only
10:00 am
Non-Mandatory Pre-bid Meeting | Wednesday, June 27, 2018 DPW Engineering
9 Riverside Street, Nashua, NEL
Deadline for Questions to be side 1909 .
submitted in writing Friday, June 29, 2018 3:00 pm
Answers/clarifications pasted Tuesday, July 3, 2018 3:00 pm
Bid Due Tuesday, July 17, 2018 3:30 pm Purchasing Department

Vendors are encouraged to submit questions via email; however, the City of Nashua assumes no liability for assuring
accurate/complete email transmission/receipt and is not responsible to acknowledge receipt. Inquiries must be submitted
in writing, citing the [PB title, IFB number, Page, Section, and received prior to deadline listed above to
Mandcep Gill
Senior Staff Engineer
Email: GillM@nashuaNH gay

The City of Nashua will consider all timely-received questions and requests for change and, if reasonable and appropriate,
will issue an addendum to clarify or modify this IFB. Answers to vendor submitted questions and other addenda will be
posted under document IFB660-071718 on the City of Nashua website; www.nashuanh.sov, under Services; Bid
Opportunities; Current Bids; (Refer to Document IFB66@-071718) no later than deadline listed above.

The City of Nashua may reject any or all of the bids on any basis and without disclosure of a reason. The failure to make
such a disclosure shall not result in accrual of any right, claim or cause of action by any unsuccessful bidder against the
City of Nashua. The City of Nashua reserves the right to waive any irregularities when the public interest will be served
thereby. The City of Nashua also reserves the right to negotiate any change or amendment in any bid without soliciting
further bids if the action is necessary for the best interest of the City of Nashua.

All bids are binding for ninety (90) days following the deadline for bids, or until the effective date of any resulting
contract, whichever is later.

The successful bidder must maintain the following lines of coverage and policy limits for the duration of the contract. Any
subcontractors used by the successful bidder are subject to the same coverage and limits and is a subcontractor of the
successful bidder and not the City of Nashua. It is the responsibility of the successful bidder to update Certificates of
insurance during the term of the contract. Liability limits are as follows:

® General Liability: $1,060,000 per Occurrence
$2,000,000 Aggregate

* Motor Vehicle Liability: 31,000,000 Combined Single Limit

IFBOG60-071718 Paving Amherst Street (Route 1014), Somerset Parkway, Broad Street (Route 130) and Kinsley Street (Route 111)

21 Sage

*Coverage must include all owned, non-owned and hired vehicles.

» Workers’ Compensation Coverage according to Statute of the State of New Hampshire:
$100,000 / $500,000 / $100,000

The Citv of Nashua must be named as an additional insured on all liability certificates.

All bidders and subcontractors al every tier under the bidder will fully comply with NH RSA Chapler 281-A,
“Workers’ Compensation”.

It is the responsibility of the Contractor to submit to the City of Nashua certificates of insurance for the Contractor and all
other subcontractors prior to the start of the project. It is the responsibility of the Contractor to provide the City of Nashua
with updated certificates of insurance for the Contractor and all subcontractors 10 days prior to the expiration of coverage.
The City of Nashua may, at any time, order the Contractor to stop work, suspend the contract or terminate the contract for
non-compliance. All subcontractors are subject to the same insurance requirements as the Contractor.

No bid will be considered unless accompanied by a bid security in the form of a Bid Bond, in an amount not less than five
percent (5%) of the Total Bid Price.

The successful Contractor will be required to post a 100% Performance Bond and a 100% Payment Bond in an amount
equal to the Contract Award.

Cost of bond premiums shall be incidental to other items of work in this contract. No separate payment shall be made for
the cost of bond premiums

The City of Nashua is exempt of all taxes. All bids must be FOB Nashua, NH. All bidders must comply with all
applicable Equal Employment Opportunity laws and regulations.

Pursuant to NRO 5-78 (F), the Purchasing Manager shall not solicit a bid from a contractor who is in default on the
payment of taxes, licenses or other monies due the City of Nashua. Therefore, this bid request is void as to anyone who is
in default on said payments,

The City of Nashua supports the concept of purchasing products that are biodegradable, can be or have been recycled, or
are environmentally sound. Due consideration will be given to the purchase of such products. If you are bidding on any
such products that qualify, please so indicate in a cover sheet by itent number and description.

Sincerely,

GVRP tC tg
fog I} io ia iy J ie
f LF 4 Seal A ee
Sf oP OV Ge VU me oy

CG

Danielle Greenberg

City of Nashua NH
Purchasing Agent Il
greenbergd@nashuanh.gov

iFB0660-071718 Paving Amherst Street (Route 101A), Somerset Parkway, Broad Street (Route 130} and Kinsley Street (Route 111}
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