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28,

. PROHIBITED INTERESTS 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 in the business of Independent Contractor. If 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 anv of its officers, partners, principals, or employees
acting with its authority) is convicted of a crime involving a public official arising owt 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.

Independent Contractor warrants that no gratuities (including, but not limited to, entertainment or
gifis) 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.

29, 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.

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Jim Donchess
Mayor e City of Nashua

To: Board of Aldermen

Filed With: Daniel Healey, City Clerk

From: Jim Donchess
Date: August 25, 2022
Re: Emergency PO Request — Boiler Replacement

Pursuant to 5-90 (G) of the NRO, | have authorized Emergency Purchase Order Request for the replacement
of a boiler for the Hunt Memorial Building in an amount of $89,900 to Palmer & Sicard Inc.

The boiler located at the Hunt Memorial Building recently failed inspection. Three
different vendors were contacted to get estimates for areplacement. Only Palmer &
Sicard submitted a proposal. A replacement boiler has an approximate lead time of 4-6
weeks. With chillier weather approaching it is critical that the boiler is purchased as
quickly as possible as providing heat is necessary to keep the Hunt Memorial Burlding
operational.

Thank you.
ce: T Cummings
K Kleiner

229 Main Street * PO Box 2019 * Nashua, New Hampshire 03061-2019
603.589.3260 * fax 603.594.3450 »« NashuaMayor@NashuaNH.gov
www,NashuaNH.gov

30. 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
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 Souther Judicial District or in
the New Hampshire 9th Circuit Court—-Nashua and not elsewhere.

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EXHIBIT B
SCOPE OF SERVICES, CONTRACT TIME, AND FEE SCHEDULE

Scope of services

Phase I: Initial visualization
Part A Information Gathering
1. Kick off meeting and site visit

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Discuss overview of project

Review goals for the project

Review opportunities and constraints

Review adjacencies

identify and review key stakeholders

Discuss and review City’s perspective and approach to public engagement
Site walk of the project area

2. Resources and Game Plan meeting

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Review Nashua downtown master plan and other relevant planning documents
Review GIS resources available for the project

Discuss and plan for public engagement process

Review project schedule

Discuss and identify key graphics for public engagement and conceptual plan

Agree on graphics deliverables

Deliverable: Memorandum documenting the two meetings and outcomes and observations
from the site walk.

Part B: Develop the vision
1. Create site plans for existing conditions and develop a conceptual design of site area

a.

b.

Develop conceptual design site plan bases using GIS, AutoCAD, and other resources for

public engagement and for Conceptual Design.
Develop overall site plan, as well as four sector enlargement plans to provide detailed

information within the project area.

Deliverable: Draft of overall site plan and four sector enlargement site plans for site analysis and
conceptual design.

2. Document existing condition of river corridor and urban context,
Deliverable: Video of drone flight documenting project area and still photographs providing

detailed contextual images of the project area.

3. Develop site analysis

a.

Prepare Existing Site Conditions Plans and Diagrams to document existing conditions at
the river's edge along the length of the corridor. These diagrams will include: existing
pedestrian access to the river, the city, other open space amenities and adjacencies;
vehicular parking for river use; under-utilized parcel identification; adjacent parcel
connections; existing conditions of the river's edge and landscape open spaces;
landscape plantings and identification of invasive plants.

b. Prepare Opportunities and Constraints Plans and Diagrams identifying the potential for
additional site pedestrian access to and along the river, the city, other open space
amenities and adjacencies; vehicular parking for river use; areas of special interest for
new civic amenities or attractions; an expanded river walk and connections; future
connections to adjacent development parcels; and opportunities for site enhancements.

c. Prepare a general “high level” assessment of site infrastructure including sewer, water,
lighting and electrical supply and other UG utilities.

d. Prepare a general “high level” assessment of the site environmental conditions of the
river's edge, floodplain and wetlands and opportunities for site enhancements which
will improve resiliency, address stormwater quantity and quality to reduce adverse
impacts on combined sewer and storm utilities.

Deliverable: Site Analysis Plans and Diagrams including Existing Conditions and Opportunities
and Constraints which will serve as.a basis for Conceptual Design and Public Engagement efforts.

Part C: Visualize initial ideas
Based on the input from the Kickoff Meetings and Site Analysis efforts, prepare Initial Design

Plans and Diagrams and Enlargements. Initial Design Phase tasks include:

a. Prepare one (1) Overall Initial Design Site Plan/Diagram of the overall Nashua River Corridor
and adjacent site areas for overall context

b. Prepare four (4) Initial Design Site Plan/Diagram Enlargements of the four quadrants of the
Nashua River corridor and adjacent river's edge site areas to highlight each quadrant in
greater detail and to identify potential “Priority Site Enhancement Projects”

c. Prepare precedent images to convey program, design intent and character

d. Initial Design Review Meeting #1 with the City/Mayor to review Existing Conditions/Site
Analysis and Initial Design Plans, Diagrams and Precedent images to get feedback and
provide direction for refinements

e. Refine Preferred initial Design Plans, Diagrams, support graphics and precedent images for
the Public Engagement Phase

Deliverables: Overall initial Design Site Plan/Diagram of Entire River Corridor, Four initia! Design
Site Pian/Diagrams of Four River Quadrants; and precedent images, which will serve as a basis
for Public Engagement efforts.

Phase 11: Public Engagement

1,

Public Engagement Preparation Meeting #2 — A collaborative discussion with the City to discuss
and agree upon public engagement strategies and communication options. Resources to create
buzz and raise public awareness and enthusiasm may include: a City of Nashua
website/Facebook page or Facebook Live feed for meetings: crowdsourcing resources to receive
site specific input from stakeholders on specific site areas; and/or CoUrbanize website to post
progress, images, meeting results and to solicit public input.

Refinements to Plans/Diagram in preparation for Public Engagement process

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3. Though not required, the design team agrees to attend up to two (2) meetings at no additional
cost to the City in order to remain up to date on the process and get a firsthand understanding

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of the community’s input.

Phase fll: Conceptual Plan
Part A: Analyze public input and incorporate into vision
Hold a conceptual plan de-briefing meeting with City staff to review and confirm takeaways
from the public engagement phase and how that should be integrated into the conceptual plan
and priorities. We will review and
a. Review and confirmation of overall vision
b. Establish priority site enhancement projects with the Nashua River Corridor
c. Discuss preliminary budgets for overall and priority projects
d. Set the direction and priorities for the conceptual design phase and final deliverables

Part B: Refine and finalize conceptual plan

a. Refine and finalize the one conceptual plan/diagram of the Nashua River Corridor and
adjacent site areas developed during the initial visualization phase.

b. Refine and finalize 4 conceptual design site plan/diagram enlargements of the four
quadrants of the Nashua River Corridor and adjacent river's edge site areas developed
during the initial visualization phase.

c. Refine and finalize precedent images and support graphics to convey the program, design
intent, and character of the site.

d. Prepare Conceptual Design Refinements for the Priority Site Enhancement Projects including
“before and after” graphics.

e. Prepare a estimated budget matrix for the four River Corridor Quadrants and four priority
site enhancement projects and draft a phased implementation plan.

f. Conceptual design review meeting with City staff to provide to provide input on progress
and obtain direction for refinement of the four priority site enhancement projects and
related estimated budgets.

g. Finalize conceptual plan /diagram, precedent images, support graphics, and Conceptual
design for four priority site enhancement projects, estimated budget matrix, and phased
implementation plan and schedule.

Part C: Public presentation of the finalized conceptual plan and all components described above
in phase IH part B.

At least one member of the design team will prepare and deliver a public presentation of the
finalized conceptual plan. City staff will assist with scheduling and advertising of the public
presentation and provide a location for the presentation.

Deliverables:

Annotated and Illustrative Graphics in electronic form including:

a. Video flyover of Nashua River Corridor

b. Overall Conceptual design Plan/Diagram of the Nashua River Corridor

c. Four Conceptual Design Site Plans/Diagrams enlargements of the four quadrants of the
Nashua River Corridor

d. Precedent Images and support graphics to convey program, design intent, and character

e. Conceptual Design Refinements for priority site enhancement projects including “before and

after” graphics
f. Estimated budgets for four River Corridor Quadrants and four Priority Enhancement Projects

g. Phased Implementation plan and schedule

Report including the above and:

a. Executive summary
b. Documentation of the public participation process feedback and outcomes

c. Meeting notes

Contract Time

Project timeline
Phase |: 1 month
Phase 2: 2 months
Pnase 3: 1.5 months

Total project timeline: 4.5 months
Anticipated project start date: Early March 2017

Fee Schedule

PHASE 1 PHASE 2 PHASE 3
initial Visualization Public Engagement Conceptual Plan TOTAL
Halvorson Design - Urban Planning, $15,000 $5,000 $17,000 $37,000
Landscape Arch, Graphic Design
Horsley Witten - Stormwater
Management, Civil Engineering, GIS $9,700 0 $2,306 =n anoun
TOTAL FEE $24,700 $5,000 $19,300 $43,000

Horsley Witten Group will act as a sub-contractor to Halvorson Design Partnership. All invoicing to the
City will come from Halvorson Design Partnership for all work performed on the project.

THE CITY OF NASHUA “The Gate City

Financial Services

Purchasing Department

February 9, 2017
Memo #17-097

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: PURCHASE OF KNOX LOCK SECURITY SYSTEM (VALUE: $13,300)
DEPARTMENT: 152 FIRE EMERGENCY SERVICES; FUND: GENERAL

Please see the attached communication from Deputy Fire Chief George A. Walker to Brian Rhodes,
Assistant Chief of Nashua Fire Rescue dated November 30, 2016 for information related to this request.

Pursuant to NRO § 5-84. Special purchase procedures. A. The competitive bidding process shall not
apply to the following special purchases: (4) Sole-source procurements, where the proposed purchase is
manufactured by only one company.

Nashua Fire Rescue, Board of Fire Commission (February 6, 2017 meeting) and the Purchasing
Department recommend the purchase of this product from Knox Company of Phoenix, AZ in the amount

of $13,300.

Respectfully,

Dan Kooken ——e
Purchasing Manager

Cc: S. Galipeau J. Graziano

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