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The Contractor will be required to report its DBE participation obtained through race-neutral means
throughout the period of performance.

The Contractor is required to pay its subcontractors performing work related to this contract for satisfactory
performance of that work no later than 30 days after the Contractor's receipt of payment for that work from
the City.

The Contractor must promptly notify the City whenever a DBE subcontractor performing work related to this
contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE
subcontractor to perform at least the same amount of work. The Contractor may not terminate any DBE
subcontractor and perform that work through its own forces or those of an affiliate without prior written consent
of the City.

Failure of the Contractor to comply with this section or to include it in any subcontract of any tier will constitute
a breach of contract and, after notification to the DOT, may result in termination of the Contract by the City
or such remedy as the City deems appropriate.

6. Incorporation of Federal Transit Administration (FTA) Terms.

The preceding provisions include, in part, certain Standard Terms & Conditions required by USDOT, whether
or not expressly stated in the preceding contract provisions. All USDOT required contractual provisions, as
stated in FTA Circular 4220.1F, are hereby incorporated by reference. Anything to the contrary herein
notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other
provisions contained in this contract. The Contractor shall not perform any act, fail to perform any act, or
refuse to comply with any request that would cause the City to be in violation of FTA terms and conditions.

7. Environmental Resource Conservation and Energy Conservation.

(a) Energy Conservation.

Contractor shall comply with mandatory standards and policies relating to energy efficiency that are
contained in the New Hampshire energy conservation plan issued in compliance with the Energy Policy
and Conservation Act, 42 U.S.C. § 6321 et seq.

(b) Clean Air.

1. Contractor shall comply with all applicable standards, orders or regulations pursuant to Section 306
of the Clean Air Act, as amended, 42 U.S.C. § 7606, and other requirements of the Clean Air Act,
as amended, 42 U.S.C. §§ 7401 - 76719. Contractor shall report each violation to the City and
understands and agrees that the City will, in turn, report each violation as required to FTA and the
appropriate EPA Regional Office.

2. Contractor shall include these requirements in each subcontract exceeding $100,000 financed in
whole or in part with FTA assistance.

8|Page

Client#: 865001 GATECITY

ACORD.. CERTIFICATE OF LIABILITY INSURANCE 2123/2000

THIS CERTIFICATE IS iSSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).

PRODUCER . GONTACT
USI Insurance Services LLC PHONE x», 855 874-0123 FAS. Noy
3 Executive Park Drive, Suite 300 E-MAIL
ADDRESS:
Bedford, NH 03110 INSURER(S) AFFORDING COVERAGE NAIC #
855 874-0123 INSURER A; Phoenix Insurance Company 25623
INSURED INSURER B ; Travelers Property Cas. Co. of America 25674
Gate City Electric, LLC INSURER C ; Travelers Indemnity Company of CT 25682
PO Box 3554 INSURER D; St. Paul Surplus Lines Insurance Co. 30481
Nashua, NH 03061 INSURER E: Travelers Indemnity Company 25658
INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

Re TYPE OF INSURANCE Noe SB POLICY NUMBER (MADEN YYY) (MMIDBIYYYY) LIMITS
A |_X| COMMERCIAL GENERAL LIABILITY DTCO3P117740PHX21 01/01/2021 | 01/01/2022 EAcH occURRENCE $1,000,000
| CLAIMS-MADE OCCUR PAMIBES ee Etsnca) | $300,000
| XI PD Ded 12,500 MED EXP {Any one person) $10,000
|_| PERSONAL & ADV INJURY | $1,000,000
| GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000
|_| POLICY [ x] trot [ ] Loc PRODUCTS - COMP/OP AGG | $2,000,000
OTHER: $
E | AUTOMOBILE LIABILITY BA3P09505A2126G 01/01/2024| 01/01/2022 For CEM | 51,000,000
X ANY AUTO BODILY INJURY (Per person) | $
| | ONE ONLY | | SCHEDULED BODILY INJURY (Per accident) | $
|_X} AUS onty |X | AGtos ONLY | (Peraccuent) YO" $
X (Drive Oth Car $
B | X| UMBRELLALIAB | X | occur CUP4P7547992126 01/01/2021 | 01/01/2022 EacH occURRENCE $10,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000
DED | x| RETENTION $10000 $
C_ | WORKERS COMPENSATION vin UB3P1189822126G 04/01/2021 01/01/2022 x [EFkue | (SR
ANY PROPRIETOR/PARTNERIEXECUTIVE NIA EL. EACH ACCIDENT $500,000
(Mandatory In NH) E.L. DISEASE - EA EMPLOYEE| $500,000
If yes, describe under
DESCRIPTION OF OPERATIONS below EL. DISEASE - POLICY LimiT | $500,000
D |Professional ZC061N35915 101/01/2021/01/01/2022 $1,000,000 Each Claime
Liability $2,000,000 Aggregate

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is requlred)
** Workers Comp Information **

ABC00105021 Eff Date: 01/01/2021 Exp Date: 01/01/2022
WC Each Accident Limit: $1,000,000

WC Policy Limit: $1,000,000

WC Each Employee Limit: $1,000,000

(See Attached Descriptions)

CERTIFICATE HOLDER CANCELLATION
City of Nash SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
fly or Nashua THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City Hall-Accounting Dept. 229 ACCORDANCE WITH THE POLICY PROVISIONS,
Main Street
Nashua, NH 03060 AUTHORIZED REPRESENTATIVE

l Sea hd

© 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) 1 of 2. The ACORD name and logo are registered marks of ACORD
#830727116/M30725508 BYPZP

J.LAW RENCE J. Lawrence Hall Co.,Inc. ——-p 603-882-2021
[a A . E 17 Progress Avenue f 603-882-1287
Nashua, NH 03062 w www _jlawrencehall.com

HVAC PROPOSAL

September 9, 2021

City of Nashua
229 Main St.
Nashua, NH 03061

Attn: Nick Miseirvitch

Re: Diffuser Replacement

We hereby submit specifications and estimates for:

Furnish and install seven new supply diffusers, one new branch duct and one return grill for third floor IT area.

We propose hereby to furnish material and labor — complete in accordance with the above specifications for
the sum of:

Two Thousand Seven Hundred Sixty Eight Dollars ............csscseseneeneees 00/100

($2768.00)

Payment to be made as follows:
Progress payments, in full upon completion.

All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to
standard practices. Any alteration or deviation from above specifications involving extra costs will be executed
only upon written orders, and will pecome an extra charge over and above the estimate. All agreements
contingent upon strikes, accidergé, or delays beyond our control. Owner to carry fire, tornado, and other
necessary insurance. Our worférs are fully covered by Workman’s Compensation Insurance.

Authorized Signature
John St. Peter

NOTE: This proj ay be withdrawn by us if not accepted within 30 days.

Date Signature

ae ee Ue eae hese eee

City of Nashua

Purchasing Department
Administrative Services Division (603) 589-3330
229 Main Street - Nashua, NH 03060 Fax (603) 594-3233

September 29, 2021
Memo #22-175

TO: Mayor Donchess
Finance Committee

SUBJECT: Conceptual Field Study at Mine Falls Park in the amount not to exceed $25,900 funded from
accounts 55699 Other Contracted Services

Please see attached communications from Jason Puopolo, Superintendent of Parks & Recreation Department,
dated September 23, 2021 for project specific details related to this purchase. Below please find a summary of the
purchase approval request:

Item: Conceptual Field Study for Mine Falls Park athletic area for consideration of upgrades to
two synthetic turf fields, lighting and park amenities

Value: $25,900

Vendor: Nesra Engineering

Department: 177 Parks & Recreation

Source Fund: 55699 Other Contracted Services

Ordinance: Pursuant to § 5-78 Major purchases (greater than $10,000) A. All supplies and contractual
services, except as otherwise provided herein, when 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.

A competitive bidding RFP for this project was issued on 8/19/2021 and the following bids were received:

Vendor Location Amount | Note
SLR International Cheshire, CT $29,500
Tighe & Bond Westfield, MA $37,500
Harriman Portsmouth, NH $29,800
Traverse Landscape Architects | Providence, Rl $32,000
Activitas Dedham, MA $28,000
Nesra Engineering N. Attleboro, MA $25,900

We recommend this bid to be awarded to the lowest total cost vendor who met the RFP specified requirements.

The Board of Public Works (3/23/21 BPW meeting), Division of Public Works: Parks & Recreation, and the
Purchasing Department respectfully request your approval of this contract.

Regards,
Kelly Parkinson

Purchasing Manager

Ce: J Puopolo
C O'Connor

To:

From:

Re:

A. Motion:

Discussion:

City of Nashua, Public Works Division
Board of Public Works Meeting Date: September 23, 2021

Jason Puopolo, Superintendent
Parks and Recreation Department

Mine Falls Park Conceptual Field Study

To approve the contract for a Conceptual Field Study for synthetic fields at Mine Falls
Park in the amount of $25,900 with Nesra Engineering, LLC of North Attleboro, MA.
Funding will be through: Department: 177 Parks and Recreation; Fund: Trust; Account
Classification: 55 Other Services.

The Parks and Recreation Department put out to bid for an RFP to perform a Field Study
of Mine falls Park for the planning needs of installing two synthetic athletic fields from
qualified engineering firms. Bidding was opened on Tuesday August 24, and closed
Tuesday September 14. This study is needed for the planning phases of constructing new
synthetic fields in Mine Falls Park

Six bid packages were received, with Nesra Engineering, LLC coming in at the lowest of
$25,900. After reviewing Nesra Engineering’s proposal, along with that of all others, |
have come to the determination that Nesra Engineering is the best frim to work with.
There qualifications are either matched or better than that of their competitors, have a
vast amount of experience with such studies, and their total amount came in at the lowest
of all other bids.

Company Bid Total

Nesra Engineering, LLC $25,900
Activitas, Inc $28,000

SLR International Corporation $29,500
Harriman $29,800

Traverse Lanscape Architects, LLC $32,000
Tigh & Bond $37,500

{1 Morgan Way

E L ECTR IC LIGHT Cape Neddick, ME 03902 US

COMPANY INC
ADDRESS ESTIMATE # 1553
City of Nashua DATE 06/11/2021
PO Box 2018 229 Main Street
Nashua, NH 03061
PO
2. Dan Chan / DW Highway
1. Supply and install a Gridsmart video detection system at Dan Chan / DW Highway. 18,980.00 18,980.00
Includes:
Processor
360 Degree Camera
Mounting Hardware
Surge
CatSe Underground Shielded Wire
1 Performance Data Module 3,200.00 3,200.00

Natural Color Camera

Police details ar not included.

Dan Chan / DW Highway TOTAL $22,180.00

Accepted By Accepted Date

CONTRACT FOR INDEPENDENT CONTRACTOR

CONCEPTUAL FIELD STUDY FOR MINE FALLS PARK ATHLETIC AREA

RFP0651-091421

A CONTRACT BETWEEN
THE CITY OF NASHUA, 229 MAIN STREET, CITY HALL, NASHUA, NH 03060
AND

NESRA ENGINEERING, LLC
and its successors, transferees and assignees (together “Independent Contractor”)

NAME AND TITLE OF INDEPENDENT CONTRACTOR

170 Bungay Road, North Attleboro, MA 02760
ADDRESS OF INDEPENDENT CONTRACTOR

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

WHEREAS, it is deemed that the services of an 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; and
Exhibit B—Nesra Engineering Proposal Submission dated September 14, 2021

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

AG 1 of 3

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.

Description of Work:

Conceptual Field Study shall consider upgrades that include two (2) synthetic turf fields, athletic
lighting, and field and park amenities such as spectator seating, limited game management,
storage, and accessible walkways. The intent is to provide the City of Nashua with two (2) new all-
weather and all-purpose athletic fields at the existing 15 acre athletic field area, while still keeping
area for natural playing fields around them.

3. Period of Performance. Independent Contractor shall perform and complete all work by December 31,
2021 which date shall only be altered by mutually approved 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 FIVE THOUSAND NINE HUNDRED and 00/100 DOLLARS
($25,900.00)
The Contract Sum shall include all items and services necessary for the proper execution and
completion of the Work.

Unless Independent Contractor has received a written exemption from the City of Nashua, Independent
Contractor shall submit an itemized Application for Payment for operations completed in accordance
with the values stated in the Agreement. Such applications shall be supported by such data
substantiating the Independent Contractor’s right to payment as the City of Nashua may reasonably
require. Independent Contractor shall submit requests for payment for services performed under this
agreement directly to:

> Electronically via email to VendorAPInvoices@NashuaNH.gov

OR
> Paper Copies via US Mail to:

City of Nashua, City Hall
Accounts Payable

229 Main Street
Nashua, NH 03060

AG 2 of 3

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

The City of Nashua will pay for work satisfactorily completed and accurately invoiced by Independent
Contractor within thirty (30) days from the time of approval by the City of Nashua.

5. Effective Date of Contract. This contract shall not become effective until the date of execution 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:

Jason Puopolo, Superintendent
City of Nashua -Division of Public Works
Parks & Recreation Department
100 Concord Street
Nashua, NH 03064

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, NH (signature) (signature) / r
James W Donchess, Mayor Abseay Fawr, preO2umien Pes /penT~
(Printed Name and Title) (Printed Name and Title) c

— Wi#/al

Date Date

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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 Darnages 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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