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BIDDING PHASE
Deliverables:

Attend one (1) pre bid conference

Assist with the bidding process, including clarifications to bidders, and
review of bid submissions

Prepare one (1) Addenda

Respond to contractor questions

CONSTRUCTION ADMINISTRATION PHASE 1
Deliverables:

Attend sixteen (16) site visits to review construction and meet with the City and contractor
Civil Engineer to attend two (2) site meetings
Irrigation consultant to attend (2) site meetings
Electrical Engineer to attend (2) site meetings
Produce meeting minutes from weekly site visit
Process contractor payment requests

One (1) Plant tagging trip to a local nursery
Review submittals

Preparation of SK’s and RFI’s

Field notes

Final site review and Punch List

EXCLUSIONS AND ASSUMPTIONS

We assume the Construction Documents will be complete by July 2019 with the first phase of
construction completed by the end of November 2019. We have made the following additional
assumptions:

© Permitting is not included

o Remediation of any hazardous/toxic materials is not included

o City to provide general conditions specifications sections

o Signage and wayfinding is not included

o Fountains, water features and pools will not be included in the design per the direction

of the City.
FEE SCHEDULE

PHASE FEE
LANDSCAPE ARCHITECTURE SERVICES
Schematic Design $25,975
Construction Documents $53,800
Bidding $2,525
Construction Administration $21,700
TOTAL $104,000

Exhibit B

@)\ THE CITY OF NASHUA ‘The Gate City’

Financial Services

Purchasing Department

March 14, 2019
Memo #19-131

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: AQUATIC INVASIVE SPECIES CONTROL AND MANAGEMENT (VALUE $65,713)
DEPARTMENT: 181 COMMUNITY DEVELOPMENT; FUND: GENERAL ESCROWS

Please see attached communication from Sarah Marchant, Community Development Division Director,
dated February 28, 2019 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 recommend the award of this contract to
Solitude Lake Management of Shrewsbury, MA in an amount of $65,713.

Purchasing Manager

Ce: S. Marchant J. Graziano

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

° Community Development
City of Nashua Planning and Zoning
: . one Building Safety
Community Development Division Code Enforcement
City Hall, 229 Main Street, PO Box 2019 Cras mission
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: February 28, 2019

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

From: Deb Chisholm, 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 the summers of 2017 and 2018, 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.

In response to complaints about the excessive plant and algae growth in Sandy Pond we will
continue 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 service,
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, and Sandy Pond. The City was awarded a grant from NH DES in the amount of $15,573
and Resolution R-19-108 has been recommended by the Human Affairs Committee and is
pending final approval. The total cost for this contract is $65,713 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 (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 $65,713, pending
Board of Aldermen approval of Resolution R-19-108.

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 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
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, cither 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
Sixty-five thousand seven hundred and thirteen “Dollars ($65,713.00)

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 590 Lake Street
Shrewsbury, MA 01545

With Copy to

Deb Chisholm

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, NH (signature) Solitude Lake Management (signature)

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

Date Date

nana Ww FWY DN

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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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4. CITY OF NASHUA REPRESENTATIVE The City of Nashua may designate a City of Nashua
representative for this contract. If designated, all notices, project materials, requests by
Independent Contractor, and any other communication about the contract shall be addressed or be
delivered to the City of Nashua Representative.

5. CHANGES TO SCOPE OF WORK The City of Nashua may, at any time, by written order, make
changes to the general scope, character, or cost of this contract and in the services or work to be
performed, either increasing or decreasing the scope, character, or cost of Independent
Contractor's performance under the contract. Independent Contractor shall provide to the City of
Nashua within 10 calendar days, a written proposal for accomplishing the change. The proposal
for a change shall provide enough detail, including personnel hours for each sub-task and cost
breakdowns of tasks, for the City of Nashua to be able to adequately analyze the proposal. The
City of Nashua will then determine in writing if Independent Contractor should proceed with any
or all of the proposed change. If the change causes an increase or a decrease in Independent
Contractor's cost or time required for performance of the contract as a whole, an equitable
adjustment shall be made and the contract accordingly modified in writing. Any claim of
Independent Contractor for adjustment under this clause shall be asserted in writing within 30
days of the date the City of Nashua notified Independent Contractor of the change.

When Independent Contractor seeks changes, Independent Contractor shall, before any work
commences, estimate their effect on the cost of the contract and on its schedule and notify the
City of Nashua in writing of the estimate. The proposal for a change shall provide enough detail,
including personnel hours for each sub-task and cost breakdowns of tasks, for the City of Nashua
to be able to adequately analyze the proposal. The City of Nashua will then determine in writing
if Independent Contractor should proceed with any or all of the proposed change.

Except as provided in this paragraph, Independent Contractor shall implement no change unless
the City of Nashua in writing approves the change. Unless otherwise agreed to in writing, the
provisions of this contract shall apply to all changes. The City of Nashua may provide verbal
approval of a change when the City of Nashua, in its sole discretion, determines that time is
critical or public health and safety are of concern. Any verbal approval shall be confirmed in
writing as soon as practicable. Any change undertaken without prior City of Nashua approval
shall not be compensated and is, at the City of Nashua's election, sufficient reason for contract
termination.

6. CITY OF NASHUA COOPERATION The City of Nashua agrees that its personnel will cooperate
with Independent Contractor in the performance of its work under this contract and that such
personnel will be available to Independent Contractor for consultation at reasonable times and
after being given sufficient advance notice that will prevent conflict with their other
responsibilities. The City of Nashua also agrees to provide Independent Contractor with access to
City of Nashua records in a reasonable time and manner and to schedule items that require action
by the Board of Public Aldermen and Finance Committee in a timely manner. The City of
Nashua and Independent Contractor also agree to attend all meetings called by the City of Nashua
or Independent Contractor to discuss the work under the Contract, and that Independent
Contractor may elect to conduct and record such meetings and shall later distribute prepared
minutes of the meeting to the City of Nashua. ,

7. DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR DISCREPANCIES
Independent Contractor warrants that it has examined all contract documents, has brought all

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