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30. MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT This contract constitutes the entire

31,

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

GC-12

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

Scope of services

SPECIFICATIONS: The scope of work described below includes services for performing a Depth Charge
(2,4-D & flumioxazin) aquatic herbicide treatment in the Mill Pond and Canal (38.5 acres) and 3
applications of Sonar (Fluridone) aquatic herbicide treatments in the Nashua River upstream of the Mine
Falls dam (84 acres) to control aquatic invasive species. In addition, up to 2 applications of Sonar
(fluridone) aqutic herbicide treatment will be done in Sandy Pond (4.5 acres), and up to one each algae
and emergent vegetation treatment may be performed if deemed necessary during the spring survey.

Permitting:

1. SOLitude staff will be responsible for the following:
a. Preparing and filing a Special Permit Application and supporting documentation
with the NH Division of Pesticide Control.

b. Notifying affected abutters of the permit application submission; list of abutters to be
provided/updated by Client.

c. Publishing a legal notice in a local newspaper about the permit application filing.

Lake Aquatic Weed Control:

1, Nashua River: Growth of fanwort, Eurasian watermilfoil, variable milfoil and curlyleaf pondweed in
84 acres as specified by NHDES shall be treated and controlled through the application of

Sonar One and/or Sonar H4C (Fluridone pellets) as required for control of the specific varieties

of aquatic weeds found in the treatment at the time of application.

Mill Pond and Canal: Growth of invasive aquatic weeds specified by NHDES shall be treated and
controlled through the application of Depth Charge (2,4-D & flumioxazin) aquatic herbicide as
required to control the specific varieties of aquatic weeds found in the pond and canal at the time of
application.

2. Nashua River: Sonar One herbicides will be applied at a targeted rate of 10 - 20 ppb per
application for 3 application to achieve long-term control of fanwort, Eurasian watermilfoil, variable
milfoil and curlyleaf pondweed.

Mill Pond and Canal: Depth Charge herbicide will be applied at a targeted rate of 20.5 qts/ac (Canal)
and 25.7 (Pond) qts/ac (assuming a 4-5-foot average depth) to achieve long-term control of

variable milfoil present at the time of application.

3. Sandy Pond (4.5 acres): Perform spring survey, up to 2 applications of Sonar (fluridone)
herbicide/algaecide treatment (if necessary), post-treatment survey, preparation and submittal of State
reporting as required. Perform algae and emergent treatment (1 of each authorized) if deemed necessary
during spring survey.

4. Applications will be performed using SOLitude’s specially designed and calibrated
treatment systems and boats. GPS systems will be used to provide real-time navigation
and to record treatment passes.

5. Pre-treatment inspection of designated areas will occur prior to treatment.

6. Notification of affected abutters and Town officials via certified mail — return receipt will
occur prior to treatment in accordance with Special Permit conditions.

7. Publication of legal notices in a local newspaper for two consecutive weeks will occur
prior to treatment in accordance with Special Permit conditions.

8. Shoreline posting will be coordinated and performed prior to treatment in accordance
with Special Permit conditions.

Post-Treatment Survey. Herbicide Residue Testing and Reporting:

1. A post-treatment survey of the treatment areas will be performed to assess the level of
target plant control achieved and to document impact to non-target plants. This survey
will be performed in accordance with Special Permit conditions.

2. SOLitude will hire an independent, NELAC accredited laboratory to collect and analyze
water samples for herbicide residues following treatment in accordance with Special
Permit conditions. Copies of sample results will be provided to the client via email as soon
as they are available from the lab.

3. A project-completion report will be prepared that details the treatment program performed, provides
results of the herbicide residue testing and summarizes results of the

treatment program. The report will be prepared and submitted in accordance with

Special Permit conditions.

Client Responsibilities:

1. Client will be responsible for the following:
a. Providing information required for the permit application process upon request.
b. Providing Certified Abutters List and copy of Town Tax Maps for abutter notification as
required.
c. Assisting with querying abutting property owners as to their source of domestic water.
d. Provide a copy of the Long-Term Management Plan (LTMP) prepared by DES.

Contract Time

The term of this contract is from the effective date to November 30", 2018.

Fee Schedule

Task 1:

Nashua River, Mill Pond, and Canal:

Prepare and file Special Permit application with NH DPC - inclusive of required direct
mailing to a maximum of up 120 abutters and publication of 2 newspaper legal notice.
(Note: any changes to the 2017 permitting process, requirement for a public hearing, or
notification to additional abutters may incur additional charges.)

Jan/Feb $2,020.00 Payment due upon permit application submission

Sandy Pond:
Prepare and file Special Permit application with NH DPC. (Note: any changes to last year’s
permitting process may incur additional charges.)

April $350.00 Payment due upon completion

Task 2:

Nashua River:

Perform chemical treatment in up to 84 acres with up to 3 applications with Sonar

One and/or Sonar H4C herbicides at 10-20 ppb - inclusive of required certified mailings

to a maximum of 60 abutters and publication of 1 newspaper legal notices; all labor,

chemical & equipment needed for the treatment. (Note: should less acreage require

treatment or a different herbicide application rate be required the cost will be adjusted
accordingly; notifying additional abutters via certified mail will carry a cost of $9.00/abutter)

May $17,872.00 Payment due upon completion (1st treatment)
July $17,872.00 Payment due upon completion (2nd treatment)
August $17,872.00 Payment due upon completion (3rd treatment)

Mill Pond and Canal:

Perform chemical treatment of up to 38.5 acres with Depth Charge @ 20.5 qts/ac

(Canal) and 25.7 (Pond) qts/ac (assuming a 4-5-foot average depth)- inclusive of

required certified mailings to a maximum of 60 abutters and publication of 1

newspaper legal notices; all labor, chemical & equipment needed for the treatment.

(Note: should less acreage require treatment or a different herbicide application rate be

required the cost will be adjusted accordingly, notifving additional abutters via certified mail will
carry a cost of $9.00/abutter)

June or Sept $23,953.00 Payment due upon completion

Sandy Pond:

Perform spring survey, up to 2 applications of Sonar (fluridone) herbicide/algaecide
treatment (if necessary), post-treatment survey, preparation and submittal of State

reporting as required.

May - July $1,980.00 Payment due upon completion

City of Nashua

Purchasing Department

Administrative Services Division (603) 589-3330
229 Main Street - Nashua, NH 03060 Fax (603) 594-3233
August 10, 2022
Memo #23-320
TO: Mayor Donchess
Finance Committee
SUBJECT: 2022 Sidewalk Curb Ramps Replacement in the amount not to exceed $380,220 funded

from 81704 Paving Bond/Bond

Please see attached communications from Daniel Hudson, City Engineer, dated July 28, 2022 for project
specific details related to this purchase. Below please find a summary of the purchase approval request:

Item: Reconstruct sidewalks to improve ADA compliance on East Dunstable Rd and
Manchester St

Value: $380,220

Vendor: William P. Davis Excavation

Department: 160 Engineering
Source Fund: 81704 Paving Bond/ Bond

Ordinance: Pursuant to § 5-78 Major purchases (greater than $25,000) A. All supplies and
contractual services, except as otherwise provided herein, when the estimated cost thereof shall exceed
$25,000 shall be purchased by formal, written contract from the lowest responsible bidder, after due
notice inviting bids

A competitive bid, IFB 0851-040622, for this project was issued on 3/16/2020 and the following
proposals/bids were received:

Vendor Location Amount Note

William P Davis Excavation Hampton, NH $594,620 Revised scope of work after bidding

The Board of Public Works (7/28/22 BPW meeting), Division of Public Works: Engineering, and the
Purchasing Department respectfully request your approval of this contract.

Regards,

Amy Girard

Purchasing Manager

Cc: D Hudson
C O'Connor
K Kleiner

Task 3:

Nashua River:

Perform herbicide residue testing, assuming 6 sampling rounds and analysis of 2

sampling locations (12 samples total) is required

(Note: The number and frequency of post-treatment herbicide residue samples is determined by
the NH DPC following approval of the NH DES final treatment map. SOLitude is only responsible
for coordination of sample collection and has no influence on the number of samples required

by the Special Permit. Should additional sampling be necessary, there will additional charges of
$125/sample analyzed and $350-8500 per sample collection round.)

June — Oct $3,450.00 Payment due upon completion

Mill Pond and canal:

Perform herbicide residue testing, assuming 2 sampling rounds and analysis of 6

samples for each active ingredient (12 samples total) is required

(Note: The number and frequency of post-treatment herbicide residue samples is determined by
the NH DPC following approval of the NH DES final treatment map. SOLitude is only responsible
for coordination of sample collection and has no influence on the number of samples required

by the Special Permit. Should additional sampling be necessary, there will additional charges of
$250/sample analyzed and $350-$500 per sample collection round.)

June — Oct $4,450.00 Payment due upon completion

Task 4:
Nashua River: Perform post-treatment survey and submittal of the required written project completion
report to the State.

October $950.00 Payment due upon completion

Mill Pond and Canal: Perform post-treatment survey and submittal of the required written project
completion report to the State.

October $950.00 Payment due upon completion

Task 5:
Sandy Pond:
Pond Algae Treatment:

1. When requested, any infestation of algae found in the pond at the time of application, shall be
treated and controlled through the application of aquatic algaecides, aquatic herbicides, and
aquatic surfactants as required to control the specific varieties of algae present at the time of
service.

2. 2. Ponds which have more than fifty percent (50 %) coverage of undesirable algae will be treated
in a series of two (2) to three (3) applications as required to help prevent any damage to beneficial
aquatic life.

$495.00 Per Treatment
Note a single treatment is authorized at this time, additional treatments would require client
authorization

Task 6:
Sandy Pond:

Pond Emergent Weed Treatment:
1. If approved, growth of nuisance emergent aquatic weeds within the pond shall be treated and controlled

through the application of contact aquatic herbicides and surfactants as required for control of the specific
varieties of aquatic weeds found in the pond at the time of application.

2. Herbicide application for emergent vegetation will happen later in the growing season, if required.

3. Contact herbicide will be applied at the rate appropriate to achieve control of the

unwanted submersed aquatic weeds present in the pond and susceptible to the

herbicide at the time of application.

$480.00 Per Treatment

Total: up to $ 92,694.00

*Note: adjustments to the program cost will be confirmed with the Client in advance;
payment is due within 30 days of an invoice date

2018 herbicide treatment areas in Nashua River, Mill Pond and Canal.

*'2018 HERBICIDE TREATMENT BID NOTE’ **

PLEASE PROVIDE ABID FOR PERFORMING
AN HERBICIDE TREAT MENT IM 2018 AS OUTLINED BELOW

TARGET SPECIES: MIXED POPULATIONS OF EURASIAN MILFGIL
AND FANWORT. WITH SOME CURLY-LEAF PONDWEED AND
LOW DENSITY VARIABLE MILFOIL

TREATMENT ACRES UP TO 84 ACRES

PLEASE PROVIDE PRODUCT OPTIONS AND APPLICATION
RATES THAT YOU DEEM APPROPRIATE FOR THIS SITE. AS
WELL AS ALINEATEM BUDGET SHOWING PROJECTED COSTS

BIDS ARE DUE AT NHDES. CARE OF AMY SMAGULAAT
AMY SMAGULA@DES.NH.GOV BY FRIDAY NOVEMBER 17.2017.

Nashua River
Upstream of Mine Falls Dam

Legend N

2018 Nashua River Potential Treatment Area A

| i Tov Boundary

4 34

2 a>
22
ee

Nashua River System
Nashua A

LEGEND A

| Mine_fals_2018 Potentis|_Trearment wreas

34

meee bd ee ae $e
J 2018 HERBICIDE TREATMENT BID NOTE

~ PLEASE PROVIDE ABID FOR PERFORMING
AN HERBICIDE TREAT MENT IN 2018 AS OUTLINED BELOW.

TARGET SPECIES EURASIAN MILFOIL. FANWORT VARIABLE MIL FOIL
TREATMENT ACRES UP TO 38.5 ACRES |
_MEAN DEPTH OF TREATMENT AREAS. § FEET (PONG)

AND 3 FEET (CANAL)

TREATMENT DETAIL: EARLY JUNE OR EARLY SEPTEMBER

TREATMENT AREAS MAY BE SMALLER THAN
» THE FOOTPRINT SHOWN. AND WILL BE FINALIZED BASED
, OM FIELD SURVEYS PRICR TO TREATMENT

* BIDS ARE QUE AT NHDES. CARE OF AMY SMAGULAAT
ANY SMAGULA@ODES NH.GOV BY FRIDAY NOVEMBER 17. 2017