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Company 0010 - CITY OF NASHUA Cost Default Vendor

Requesting Location C-245 - CITYWIDE Requisition Description
COMMUNICATIONS

Requisition 46655 - Unreleased

21125 - KOHLER CO

Requester guilbeault - MICHELE

GUILBEAULT
Purchase From Deliver To
Buyer
item Item Type Quantity UOM Unit Cost Extended Distributions Activity / Distribution Requested Sourcing
Ordered Cost Account Allocation Delivery Date Event

Category Required

GENERATOR Special 1.00 EA 10919 31 10919,31 57.3040-081300- 57.1003.18.01 100.0% No

0000 81300

GM30RCL 30RCL GENERATOR SYSTEM
Vendor : KOHLER CO

GM30RCL
30RCL GENERATOR SYSTEM
PER QUOTE 21381475 GENSET,
21381478 ATS
Totals: 1 Lines 1.00 10919.31 USD
Page. 1 Requisition: 46655 Status Unreleased Pnnted: Mar 28, 2018 16:00:43 AM

GD) THE CITY OF NASHUA the Gate Cy
x ieee = Financial Services

ere

Purchasing Department

April 12, 2018
Memo #18-118

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: AQUATIC INVASIVE SPECIES CONTROL AND MANAGEMENT (VALUE $92,694)
DEPARTMENT: 177 PARKS AND RECREATION; FUNDS: GENERAL FUND ($3,305)

AND TRUST FUNDS (30,363
DEPARTMENT: 181 COMMUNITY DEVELOPMENT; FUNDS: GENERAL FUND

($36,679) AND GRANT FUND ($22,347)

Please see attached communication from Madeleine Mineau, Waterways Manager, dated April 4, 2018
for information related to this contract award.

Pursuant to § 5-84 Special purchase procedures A. (4) Sole-source procurements, where the proposed
purchase is manufactured by only one company.

The Waterways Department and the Purchasing Department recommends the award of this contract to
Solitude Lake Management of Shrewsbury, MA in an amount of $92,694.

Respecttully,

. Ce /

(7 JMO os
-/Dan Kooken

Purchasing Manager

Ce: M. Mineau S. Marchant J. Graziano

229 Main Street ¢ Nashua, New Hampshire 0306" ¢ Phone (603) 589-3330 ¢ Fax (603) 589-3233 |

« Community Development
City of Nashua Planning and Zoning
7 os Building Safety
Community Development Division Code Enforcement

Urban Programs

City Hall, 229 Main Street, PO Box 2019 Conservation Commission
Nashua, New Hampshire 03061-2019 Transportation
www.nashuanh.gov FAX

589-3095
589-3090
589-3080
589-3100
589-3085
589-3105
880-0100
589-3119

Date: April 4", 2018

To: John Griffin, CFO; Daniel Kooken, Purchasing Manager

From: Madeleine Mineau, Waterways Manager

Re: Contract for Aquatic Invasive Species Control and Management

Nuisance aquatic invasive plants are present in multiple Nashua water bodies, most notably the
Nashua River upstream of Mine Falls dam, the Mill Pond, and Nashua Canal. During summer
2017 the City also received several complaints regarding excessive plant growth in Sandy Pond
and the Waterways Manager documented that Curly Leaf Pondweed, an aquatic invasive species
was present in this pond. Aquatic invasive weeds, such as milfoil, fanwort, and water chestnut,
can make rivers and ponds unsightly, recreation unpleasant, and navigation by boat difficult.
Furthermore, excessive growth of vegetation can impair water quality due to reduced dissolved
oxygen which can cause fish kills.

The City’s Waterways Manager works closely with the State Invasive Species Coordinator at
NH DES to monitor the presence and extent of invasive species and update the Long-term Exotic
Aquatic Plant Management Plan for our waterways.

The City has been involved in controlling aquatic invasive species since 2011 when action was
taken to control Water Chestnut by mechanical harvest. This was very effective at removing
Water Chestnut and we now can continue to control Water Chestnut by hand pulling with
volunteers. Unfortunately, the decline in Water Chestnut created an opportunity for other
invasive species present in the River to take over. The vegetation is now dominated by milfoil
and fanwort which cannot be mechanically harvested or hand pulled, leaving herbicide treatment
as the only recommended effective management strategy. Herbicide treatments in rivers and
ponds are closely regulated and permitted which involves extensive public notice.

Herbicide treatments, which take place every other year, have been used in the Mill Pond and
Nashua Canal to control primarily milfoil and fanwort since 2012. Herbicide treatments cannot
eradicate these plants therefore, continued periodic herbicide treatments are necessary to knock
back the growth of these invasive species.

During summer 2017, herbicide treatments were used to control milfoil and fanwort on 84 acres
of the Nashua River upstream of the Mine Falls dam. This resulted in a very noticeable
improvement over 2016 conditions and we received multiple messages from constituents
reporting they were pleased with this outcome. Herbicide treatments are recommended again this
summer to continue reducing the coverage and extent of these invasive species in this section of
the Nashua River.

Seacoast Harley-Davidson

P.O. Box 1740 « 17 Lafayette Road (US Route 1)
North Hampton, New Hampshire 03862
Tel: (603) 964-9959 Fax: (603) 964-9942

www.seacoastharley.com
July 15, 2022
James Turmel
Nashua Police Dept.
turmelj@nashuapd.com
Motorcycle Quote:
2022 H-D FLHTP $18,725.00
Whelen Windshield LED 675.00
Par 36 375.00
Fork Mount LED’s 560.00
Paint to match Dept. colors 3,000.00
H-D Bag Rails 400.00
Siren/Amp 1,260.00
Labor to install Dept. Rear Box 300.00
Sub Total: 25,295.00
X two bikes 50,590.00
Trade Department 1997 FLHP - 1,500.00
2050 FLFP -5,000.00
BALANCE: $44,090.00

Seacoast Harley-Davidson holds the MASS. State Police bid for Harley-
Davidson motorcycles. Contract #SP18-MTRCYCL-F81

Thank you,

Phil Miles

Live Free and Ride™

In response to complaints about the excessive plant and algae growth in Sandy Pond we will be
taking action to control curly leaf pond weed and reduce nuisance algae to improve the
appearance and water quality of this pond.

Solitude Lake management is the only company in the region that provides this type of services
and in accordance with the NH DES invasive species management grant program, we solicited a
proposal directly from them to complete the recommended management actions for the Nashua
River, Mill Pond, Nashua Canal, and Sandy Pond. The City was awarded a grant from NH DES
in the amount of $22,347. The total cost for this contract is $92,694 which will be paid in part by
the NH DES grant with remaining cost covered by Community Development (Nashua River) and
the Parks and Recreation Department (Mill Pond, Canal, and Sandy Pond).

The Waterways Department recommends awarding the contract for aquatic invasive species
control in the Nashua River to Solitude Lake Management in the amount of $92,694.

CONTRACT FOR INDEPENDENT CONTRACTOR

AQUATIC INVASIVE SPECIES CONTROL AND MANAGEMENT IN THE NASHUA RIVER

A CONTRACT BETWEEN

THE CITY OF NASHUA, 229 MAIN STREET, NASHUA, NH 03061-2019
AND

SOLITUDE LAKE MANAGEMENT, 590 LAKE STREET SHREWSBURY, MA 01545
and its successors, transferees and assignees (together “Independent Contractor’)

WHEREAS, the City of Nashua, a political subdivision of the State of New Hampshire, from time
to time requires the services of a Independent Contractor ; and

WHEREAS, it is deemed that the services of a Independent Contractor herein specified are both
necessary and desirable and in the best interests of the City of Nashua; and

WHEREAS, Independent Contractor represents they are duly qualified, equipped, staffed, ready,
willing and able to perform and render the services hereinafter described;

Now, THEREFORE, in consideration of the agreements herein made, the parties mutually agree as
follows:

1. DOCUMENTS INCORPORATED. The following exhibits are by this reference incorporated herein and
are made part of this contract:

Exhibit A--General Conditions for Contracts
Exhibit B--Scope of Services, Contract Time, Fee Schedule

The Contract represents the entire and integrated agreement between the parties and supersedes prior
negotiations, proposals, representations or agreements, either written or oral. Any other documents which
are not listed in this Article are not part of the Contract.

In the event of a conflict between the terms of the Proposal and the terms of this Agreement, a written
change order and/or fully executed City of Nashua Purchase Order, the terms of this Agreement, the
written change order or the fully executed City of Nashua Purchase Order shall control over the terms of
the Proposal.

2. WORK TO BE PERFORMED Except as otherwise provided in this contract, Independent Contractor
shall furnish all services, equipment, and materials and shall perform all operations necessary and
required to carry out and perform in accordance with the terms and conditions of the contract the work
described.

3. PERIOD OF PERFORMANCE. Independent Contractor shall perform and complete all work within the
time periods set forth and may only be altered by the parties by a written agreement to extend the period
of performance or by termination in accordance with the terms of the contract. Independent Contractor
shall begin performance upon receipt of an Executed Contract and a valid Purchase Order issued from the
City of Nashua.

4. COMPENSATION. Independent Contractor agrees to perform the work for a total cost not to exceed

Twenty-four thousand eight hundred and seventy Dollars ($ 92,694.00)

which, unless otherwise provided in this contract, shall be paid in accordance with the provisions of
Exhibit B or unless Independent Contractor has received a written exemption from the City of Nashua.
Independent Contractor shall submit monthly requests for payment for services performed under this
agreement directly to

City of Nashua

Attn: Accounts Payable
PO Box 2019

Nashua, NH 03061-2019

To facilitate the proper and timely payment of applications, the City of Nashua requires that all
invoices contain a valid PURCHASE ORDER NUMBER.

Requests for payment shall be submitted no later than fifteen (15) days after the end of each month and
must include a detailed summary of the expenditures reported in a form that supports the approved
budget. Specifically, Independent Contractor agrees to provide the following with each request for
payment:

1. Appropriate invoice forms. The forms shall include the project purchase order number, a
listing of personnel hours and billing rates, and other expenditures for which payment is sought.

2. A progress report. The report shall include, for each monthly reporting period, a description
of the work accomplished, problems experienced, upcoming work, any extra work carried out,
and a schedule showing actual expenditures billed for the period, cumulative total expenditures
billed and paid to date under the contract, and a comparison of cumulative total expenditures
billed and paid to the approved budget.

The City of Nashua will pay for work satisfactorily completed by Independent Contractor. The City of
Nashua will pay Independent Contractor within 30 days of approval by the City of Nashua of the
submitted invoice forms and progress reports. The City of Nashua will make no payments until the
invoice forms and progress reports have been submitted and approved.

5. EFFECTIVE DATE OF CONTRACT. This contract shall not become effective until and unless approved
by the City of Nashua.

6. NOTICES. All notices, requests, or approvals required or permitted to be given under this contract
shall be in writing, shall be sent by hand delivery, overnight carrier, or by United States mail, postage
prepaid, and registered or certified, and shall be addressed to:

CITY OF NASHUA REPRESENTATIVE: REPRESENTATIVE:

Mayor Jim Donchess Marc D. Bellaud
229 Main Street, PO Box 2019 Solitude Lake Management
Nashua, NH 03060 599 Lake Street

Shrewsbury, MA 01545
With Copy to
Madeleine Mineau
Waterways Manager
229 Main Street, PO Box 2019
Nashua, NH 03060

Any notice required or permitted under this contract, if sent by United States mail, shall be deemed to be
given to and received by the addressee thereof on the third business day after being deposited in the mail.
The City of Nashua or Independent Contractor may change the address or representative by giving written
notice to the other party.

IN WITNESS WHEREOF, the parties hereto have caused this contract to be signed and intend to be legally
bound thereby.

City of Nashua, N@ (signature) Solitude Lake Management (signature)

James Donchess, Mayor
(Printed Name and Title) (Printed Name and Title)

Date Date

yaa Mw FY NY

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EXHIBIT A
TABLE OF CONTENTS
GENERAL CONDITIONS

DEFINITIONS

INDEPENDENT CONTRACTOR STATUS
STANDARD OF CARE

CITY OF NASHUA REPRESENTATIVE
CHANGES TO SCOPE OF WORK

CITY OF NASHUA COOPERATION

DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR
DISCREPANCIES

TERMINATION OF CONTRACT

DISPUTE RESOLUTION

NO DAMAGES FOR DELAY

INSURANCE

INDEMNIFICATION

FISCAL CONTINGENCY

COMPENSATION

COMPLIANCE WITH APPLICABLE LAWS
NONDISCRIMINATION

ENDORSEMENT

ASSIGNMENTS, TRANSFER, DELEGATION, OR SUBCONTRACTING
CITY INSPECTION OF CONTRACT MATERIALS
DISPOSITION OF CONTRACT MATERIALS

PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS
FINAL ACCEPTANCE

TAXES

NON-WAIVER OF TERMS AND CONDITIONS

RIGHTS AND REMEDIES

PROHIBITED INTERESTS

THIRD PARTY INTERESTS AND LIABILITIES
SURVIVAL OF RIGHTS AND OBLIGATIONS
SEVERABILITY

MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT

CHOICE OF LAW AND VENUE

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General Terms and Conditions

DEFINITIONS Unless otherwise required by the context, "Independent Contractor”, and its
successors, transferees and assignees (together “Independent Contractor’) includes any of the
Independent Contractor's consultants, sub consultants, contractors, and subcontractors

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

(1) Withholding of income taxes by the City of Nashua:

(2) Industrial insurance coverage provided by the City of Nashua;

(3) Participation in group insurance plans which may be available to employees of
the City of Nashua;

(4) Participation or contributions by either the Independent Contractor or the City of
Nashua to the public employee’s retirement system;

(5) Accumulation of vacation leave or sick leave provided by the City of Nashua;

(6) Unemployment compensation coverage provided by the City of Nashua.

STANDARD OF CARE Independent Contractor shall be responsible for the professional quality,
technical accuracy, timely completion, and coordination of all work performed under this
contract. Independent Contractor warrants that all work shall be performed with the degree of
professional skill, care, diligence, and sound practices and judgment that are normally exercised
by recognized professional firms with respect to services of a similar nature. It shall be the duty
of Independent Contractor to assure at its own expense that all work is technically sound and in
conformance with all applicable federal, state, and local laws, statutes, regulations, ordinances,
orders, or other requirements. In addition to all other rights which the City of Nashua may have,
Independent Contractor shall, at its own expense and without additional compensation, re-
perform work to correct or revise any deficiencies, omissions, or errors in the work or the product
of the work or which result from Independent Contractor's failure to perform in accordance with
this standard of care. Any approval by the City of Nashua of any products or services furnished
or used by Independent Contractor shall not in any way relieve Independent Contractor of the
responsibility for professional and technical accuracy and adequacy of its work. City of Nashua
review, approval, or acceptance of, or payment for any of Independent Contractor's work under
this contract shall not operate as a waiver of any of the City of Nashua's rights or causes of action
under this contract, and Independent Contractor shall be and remain liable in accordance with the
terms of the contract and applicable law.

Independent Contractor shall furnish competent and skilled personnel to perform the work under
this contract. The City of Nashua reserves the right to approve key personnel assigned by
Independent Contractor to perform work under this contract. Approved key personnel shall not
be taken off of the project by Independent Contractor without the prior written approval of the
City of Nashua, except in the event of termination of employment. Independent Contractor shall,
if requested to do so by the City of Nashua, remove from the job any personnel whom the City of
Nashua determines to be incompetent, dishonest, or uncooperative.

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