Search

22, FINAL ACCEPTANCE Upon completion of ali work under the contract, Independent Contractor

23.

24.

26,

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 Independent Contractor in writing that the whole of the work was
completed on the date indicated in the notice or provide Independent Contractor with a written
list of work not completed. With respect to work listed by the City of Nashua as incomplete,
Independent Contractor 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 Independent Contractor shall pay all taxes, levies, duties, and assessments of every
nature due m 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. Independent Contractor 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 nghts 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 ENTERESTS Independent Contractor 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. Independent Contractor 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 m the business of Independent Contractor. [f any such interest comes to the attention
of Independent Contractor at any time, a full and complete disclosure of the interest shall be
immediately made in writing to the City of Nashua. Independent Contractor 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. Independent Contractor 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 Independent Contractor (or any of its officers, parmers, 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, Independent Contractor shall refund to the City of Nashua any profits realized
under this contract, and Independent Contractor 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.

GC 10 of 11

27.

28.

29.

30.

31.

Independent Contractor warrants that no gratuities (including, but not limited to, entertaimment or
gifts) were offered or given by Independent Contractor 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 Independent Contractor,
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 Independent Contractor.

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 Independent Contractor. The parties shall not be bound
by or be liable for any statement, representation, promise, inducement, or understanding of any
land 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 llof 11

16.

17.

18.

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, Independent Contractor agrees to the following terms. Independent
Contractor 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. Independent Contractor 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, Independent Contractor'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.

Independent Contractor 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 Independent Contractor under this contract.

In connection with the performance of work under this contract, Independent Contractor 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.

Independent Contractor 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 Independent Contractor shall constitute a material breach of the contract.

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

ASSIGNMENT, TRANSFER, DELEGATION, OR SUBCONTRACTING Independent Contractor 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.

GC 9 of 13

REPORT OF THE FINANCE COMMITTEE

SEPTEMBER 2, 2020

A meeting of the Finance Committee was held on Wednesday, September 2, 2020, at 7:00 p.m. via
teleconference.

Mayor Jim Donchess, Chairman, presided.

Mayor Donchess

As Chairman of the Finance Committee, | find that due to the State of Emergency declared by the
Governor as a result of the COVID-19 pandemic and in accordance with the Governor's Emergency Order
#12 pursuant to Executive Order 2020-04 and subsequent extensions, this public body is authorized to meet
electronically.

Please note that there is no physical location to observe and listen contemporaneously to this meeting, which
was authorized pursuant to the Governors Emergency Order. However, in accordance with the Emergency
Order, | am confirming that we are:

a) Providing public access to the meeting by telephone, with additional access possibilities by
video or other electronic means:

To access Zoom, please refer to the agenda or the City’s website for the meeting link.

To join by phone dial: 1-929-205-6099
Meeting ID: Meeting ID: 826 7535 2759
Password: 823389

The public may also view the meeting via Channel 16.
b) Providing public notice of the necessary information for accessing the meeting:
We previously gave notice to the public of the necessary information for accessing the meeting, through
public postings. Instructions have also been provided on the City of Nashua’s website at

www.nashuanh.gov and publicly noticed at City Hall and Nashua Public Library.

c) Providing a mechanism for the public to alert the public body during the meeting if there are
problems with access:

If anybody has a problem accessing the meeting via phone or Channel 16, please call 603-821-2049 and
they will help you connect.

d) Adjourning the meeting if the public is unable to access the meeting:

In the event the public is unable to access the meeting via the methods mentioned above, the meeting
will be adjourned and rescheduled. Please note that all votes that are taken during this meeting shall be
done by roll call vote.

Let’s start the meeting by taking a roll call attendance. When each member states their presence, please
also state whether there is anyone in the room with you during this meeting, which is required under the
Right-To-Know Law.

Finance Committee - 09/02/2020 Page 2

The roll call was taken with 6 members of the Finance Committee present: Alderman Patricia Klee,
Alderwoman Elizabeth Lu, Alderman Linda Harriott-Gathright, Alderman-at-Large Brandon Michael Laws,
Alderman-at-Large Michael B. O’Brien, Sr., and Mayor Jim Donchess; Alderwoman-at-Large Shoshanna Kelly
was recorded absent.

Members not in Attendance: Alderwoman-at-Large Shoshanna Kelly

Also in Attendance: Alderman Skip Cleaver
Alderman Richard A. Dowd
Sarah Marchant, Director Community Services
Nicholas Caggiano, Superintendent Parks & Rec
Jon Ibarra, Superintendent of Streets
Dan Hudson, City Engineer
Jeffrey LaFleur, Superintendent of Solid Waste
Kim Kleiner, Administrative Services Director
Kelly Parkinson, Purchasing Manager

Alderman Klee

| am here, | am alone, | can hear everybody and | am social distancing based on the Governor’s order.
Alderwoman Lu

Yes, | am here, | can hear you and | am alone.

Alderman Harriott-Gathright

The Clerk is here and | am alone in this room and | can hear everyone.

Mayor James Donchess

Alderwoman Kelly e-mailed me or messaged me to say that she could not make it tonight; so she won't be
present.

Alderman Laws

| am here, | am alone and | can hear you.

Alderman O’Brien

| am present, | can hear the proceeding and | am alone.

Mayor Donchess

| am present, | am social distancing pursuant to the Governor’s Orders and | am in the room alone.
Alderman Harriott-Gathright

We have six in attendance; we have a quorum.

PUBLIC COMMENT - None

Finance Committee - 09/02/2020 Page 3

COMMUNICATIONS

From: Kelly Parkinson, Purchasing Manager
Re: Redesigning and Engineering of City Hall Parking Lots

MOTION BY ALDERMAN HARRIOTT-GATHRIGHT TO ACCEPT, PLACE ON FILE, AND APPROVE
ENTERING INTO A CONTRACT FOR SURVEY, DESIGN AND ENGINEERING OF THE CITY HALL
PARKING LOT RETROFIT IN THE AMOUNT OF $36,793.77 FROM GREENMAN-PEDERSEN, INC. (GP),
BY ROLL CALL.

ON THE QUESTION

Mayor Donchess

And | believe City Engineer Hudson is here to address this, or is it Ms. Marchant?
Sarah Marchant, Director of Community Development

Correct, thank you so much, Director of Community Development, Sarah Marchant. In working on the Transit
Center Rehabilitation Project, it has come to our attention with the team that includes Administration, Parking,
certainly all of the Transit Center Team and the City Hall Buildings, that the rear two parking lots of City Hall
are where the traffic flows have been affected and how they are accessed is very much intertwined with the
Transit Center. And as part of the Transit Center, we need to close that access. Separate from that, having
the dual parking lots with two access points right directly next to each other off of Elm Street and both of them
being kind of dead ends, has caused problems for year and is something we want to look at part and parcel
with this. We don’t have the funding in the grant from the Federal Transit Administration; this is a separate
project but GPI has already done more than half the survey work. They are looking at this area, it makes
sense to have a separate contract with them that is funded by these City dollars to be able to study the design
of these parking lots and see if we can fix it and make one access point and see if we can retain as much
parking as possible in that process. So that is what is before you tonight.

Mayor Donchess
Anyone have questions or comments? Could the Clerk please call the roll?
A viva voce roll call was taken which resulted as follows:

Yea: Alderman Klee, Alderwoman Lu, Alderman Harriott-Gathright,
Alderman Laws, Alderman O’Brien, Mayor Donchess 6

Nay: 0
MOTION CARRIED

Mayor Donchess

The Motion passed; but before we go any further, | should have recognized that Alderman Skip Cleaver is with
us; | didn’t realize we had other Aldermen present beyond the Committee members.

Alderman Harriott-Gathright

And Alderman Dowd is with us as well.

Finance Committee - 09/02/2020 Page 4

Mayor Donchess

Alderman Dowd as well; | always think he’s on the Committee. So Alderman Dowd, thank you for joining us as
well as Alderman Cleaver. Next communication?

From: Kelly Parkinson, Purchasing Manager
Re: Charlotte Ave. Elementary Safe Routes to School Project

MOTION BY ALDERMAN HARRIOTT-GATHRIGHT TO ACCEPT, PLACE ON FILE, AND AWARD THE
CONSTRUCTION CONTRACT FOR THE CHARLOTTE AVENUE SAFE ROUTES TO SCHOOL PROJECT
TO NORTHEAST EARTH MECHANICS OF PITTSFIELD, NH, IN THE AMOUNT OF $288,812.25. FUNDING
WILL BE AVAILABLE IN DEPARTMENT 160 ADMIN/ENGINEERING: FUND: GRANT; ACTIVITY SAFE
ROUTES CHARLOTTE AVE.; DEPARTMENT 169 WASTEWATER; FUND: WASTEWATER; ACTIVITY
DESCRIPTION: STORMWATER ABATEMENT; AND DEPARTMENT 160 ADMIN/ENINGEERING: FUND:
TRUST: NORTHEAST QUADRANT SIDEWALK FUND, BY ROLL CALL.

ON THE QUESTION
Mayor Donchess
Now this may be Mr. Hudson?

Dan Hudson, City Engineer

It is, thank you Mr. Mayor. | am pleased that Alderman Dowd had an opportunity to attend tonight because he
was instrumental in bringing this project to this point. This project has been around for a long time. We are
really excited that we are finally here at the construction stage. This is a project run through the State Routes
to School Program which is a Federal program so they are providing quite a bit of matching money towards
this project. The balance of the project funding is through Storm Water Funds and then also North East
Quadrant Sidewalks Fund.

The project involves pedestrian safety improvements along Charlotte Avenue in the vicinity of the elementary
school. It involves constructing new sidewalk on the north side of the road and then combing crossing
crosswalks into one crosswalk right at the Middle School entrance which will have additional lighting. And then
there’s some improvements, there’s drainage improvements and then also installing school zone flashing
beacons with radar speed feedback to try to encourage people to adhere to the School Zone speed limits
during the time that they are implemented.

This project was advertised back in June. It took a while to get there; obviously DOT and us and others have
experienced challenges with COVID-19 but finally received an approval to the advertising we have and we

received one bid as Northeast Earth Mechanics. We have reviewed the bid, DOT has reviewed the BID and
found it responsive and appropriate and we are ready to move into construction with your approval.

Mayor Donchess

Any comments? Alderman Dowd?

Alderman Dowd

Yes, it has taken us — we applied for this about five years ago. It has taken us a long time to get this. We had

the approval of the school, we had the approval of all the neighbors, it is going to be a much safer situation and
also be safer for voting but that’s a side light.

Finance Committee - 09/02/2020 Page 5

The speed indicators and also squaring the corner | believe is involved of Charlotte Street and Charlotte Ave.
So | would be extremely disappointed if this didn’t get approved and moved forward; it has been a long time
coming. It is part of Safe Routes to School for kids. Where the crosswalks currently are, we have had a couple
of near miss accidents. In fact, the back of a bus got hit once not too long ago; so | highly suggest that we
approve this.

Mayor Donchess
Thank you. Alderwoman Lu, did you ....
Alderwoman Lu

| have a question, thank you. What is Safe Routes to School, did you say that is a Federal Program. And do
they pass those through to the State?

Mr. Hudson

Sure, yeah it is, it is a Federal Program the money is passed down to the State to distribute and administer the
program. And then we as a local entity apply for those funds. We were granted those funds and then we need
to comply with the program requirements which is full Federal requirements. So, you know, it is a detailed
program, it is challenging sometimes to get through that with the OT because of all the requirements. But it is
worthwhile to do because they provide those funds.

Alderwoman Lu

Thank you. Just how much of the total comes from the Federal Program?

Mr. Hudson

So for this project, $170,035.53 is intended to come from that program.

Alderwoman Lu

OK thanks.

Mayor Donchess

Anyone else? Alderwoman Klee?

Alderman Klee

Thank you, Mr. Mayor. As a Ward Alderman who worked with our Community Development people to get a
Safe Routes to School Project funded, | really appreciate this. | am definitely — Alderman Dowd | will definitely
be voting for this. | think these projects are extraordinarily important. | know in the French Hill we have one
that is pending, waiting to get, as you have — waiting to get funding. | think we are waiting three years now to
get ours to kind of come down and be able to do exactly what you are doing. Ours is for Mount Pleasant.

But | think this is incredible and | agree with you; there have been a lot of near misses. | can tell you even
myself, just driving through there which | do quite regularly, | see when the school kids are getting out and the

parents and everybody are going every which direction. | think these are a lot of really good construction
changes to it; so | think it’s a great project.

Finance Committee - 09/02/2020 Page 6
Mayor Donchess

Anyone else? Could the Clerk please call the roll?

A viva voce roll call was taken which resulted as follows:

Yea: Alderman Klee, Alderwoman Lu, Alderman Harriott-Gathright,
Alderman Laws, Alderman O’Brien, Mayor Donchess 6

Nay: 0
MOTION CARRIED

From: Kelly Parkinson, Purchasing Manager
Re: Fuel Island at Street Department Change Order #2

MOTION BY ALDERMAN HARRIOTT-GATHRIGHT TO ACCEPT, PLACE ON FILE, AND APPROVE
CHANGE ORDER #2 FOR THE PAINTING OF THE TWO FUEL STORAGE TANKS LOCATED AT THE
STREET DEPARTMENT IN THE AMOUNT OF $22,299 WITH STEPHENS-MARQUIS ASSOCIATES, INC.
OF MERRIMACK, NH, BY ROLL CALL.

ON THE QUESTION

Mayor Donchess

Now is this Mr. Ibarra? Who is going to cover this one?

Jonathan Ibarra, Superintendent of Streets

That’s correct Mr. Mayor. So we have an ongoing contract with Stephens-Marquis for the design build
rehabilitation of the fuel island, and the rehab of the ASDs, which is the two 12,000-gallon fuel tanks located at
the Street Department; it’s 9 Stadium Drive. During the project, part of it was to inspect both internally and
externally the tanks and the components, the piping, the plumbing and a lot of upgrades were made to meet
current code as this was over 20 years since the last inspection on that system. Part of that inspection they
found scaling and rust and determined that we should paint the tanks to comply with the State Department of
Environmental Services.

So we asked Stephens-Marquis to give us a quote while they were working on the project and basically those
are the numbers, they gave us to complete that project.

Mayor Donchess

Ok, any comments? Alderman Lu?

Alderwoman Lu

| had a question, please. Thank you, Mr. lbarra | had tried to reach out to you earlier and | had a busy day and
| wasn’t able to touch base with you. But! just wondered, is this project was it scheduled to be done on the
15" of August? That was where the questions — are they running behind?

Mr. Ibarra

Yeah, we had a few weather delays and the canopy installer is scheduled to coincide with their projected

timeline so he actually hired a secondary canopy installer for the canopy that’s over the new fuel pumps on the
island. So yes, we had a little delay there.

Finance Committee - 09/02/2020 Page 7
Alderwoman Lu

The biggest question | had was my understand is that when we do a change order, there is some
documentation as to who requested it and specifically what needs to be done. | thought that was meant to be
part of the documentation that is provided to the Finance Committee. | know this is about 10% of the cost of
the work. It just seemed like a lot of money just to paint. And | had mentioned to you in my e-mail that there’s
painting in the contract: is that for something else?

Mr. Ibarra
I'll try and get both of those. So the existing contract had the canopy steel as painting so that all came
delivered only primed. So that’s where you see that painting in the aspect of the contract. The two 12,000-

gallon tanks, that came out later during the project actually as the inspection process was going on to comply
with DES so that’s why we have this change order.

As far as the bidding process it is customary as you are going through a project, you would ask the contractor
performing the work to provide a quote for that work. | think what you were referring to earlier maybe when we
go out to bid, then there is a request for proposal. | made a verbal, in the field, request for this particular
project.

Alderwoman Lu

OK thanks, | appreciate it.

Mayor Donchess

Anybody else? Could the Clerk please call the roll?

A viva voce roll call was taken which resulted as follows:

Yea: Alderman Klee, Alderwoman Lu, Alderman Harriott-Gathright,
Alderman Laws, Alderman O’Brien, Mayor Donchess 6

Nay: 0
MOTION CARRIED

From: Kelly Parkinson, Purchasing Manager
Re: Office Trailers for Covid 19 CDC Recommended Social Distancing Workspace

MOTION BY ALDERMAN HARRIOTT-GATHRIGHT TO ACCEPT, PLACE ON FILE, AND APPROVE THE
PURCHASE OF TWO (2) 12' X 60’ SILVERLINE OFFICE TRAILERS IN THE AMOUNT OF $160,460 WITH

TRIUMPH MODULAR OF LITTLETON, MA. FUNDING IS AVAILABLE IN DEPARTMENT 168 SOLID
WASTE; FUND: GRANT; ACTIVITY GOFERR GRANT, BY ROLL CALL.

ON THE QUESTION

Mayor Donchess

And | believe Mr. LaFleur is going to speak to this?