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RY THE CITY OF NASHUA “the Gate City’

Financial Services

Purchasing Department

October 16, 2019
Memo #20-043

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: | SNOW PLOWING CONTRACT - CITY PARKING LOTS (VALUE: NOT TO EXCEED
$26,000)
DEPARTMENT: 166 PARKING OPERATIONS; FUND: GENERAL

Please see aitached communication from Tim Cummings, Director of Economic Development dated
October 9, 2019 for the information related to this purchase.

Pursuant to NRO § 5-84. Special purchase procedures. A. The competitive bidding process shall not
apply to the following special purchases: (7) Purchases under extensions of contracts when no price
increase exceeds 10%.

The Director of Economic Development and the Purchasing Department recommend awarding this
contract in an amount not to exceed $26,000 tc Accurate Dimensions, LLC of Bedford, NH.

Respectfull

(

Dan Kooken
Purchasing Manager

Ce: TCummings J Stansfield J Graziano

229 Main Street « Nashua, New Hampshire 03061 « Phone (603) 589-3330 « Fax (603) 589-3344

| THE CITY OF NASHUA the Gate City’

Economic Development Division ~ Parking Department

Office of the Mayor
TO: Dan Kooken, Purchasing Manager
FROM: Tim Cummings, Director of Economic Development
DATE: October 9, 2019

SUBJECT: FY 2020 Snow Plowing Contract (Value not to exceed: $26.000)
Department: 166 Parking

The Office of Economic Development is requesting approval to contract with Accurate
‘Dimensions, LLC, of 20 Hazen Road, Bedford, New Hampshire for snow plowing, sand/salt
treatment, and optional snow removal services in the amount not to exceed $26,000. The City
issued an RFP and received only one response.

The contract’s service area is the 18 parking lots under the responsibility of the Parking
Department. The contractor intends to provide snow plowing and salt/sand treatment services
through May 15, 2019. The salt/sand mixture can be obtained at the Department of Public
Works. Accurate Dimensions, LLC will also provide removal of snow on an as-needed basis.

The President of Accurate Dimensions LLC., Luke J. Vasconcelos, previously worked for The
Doty Group, Inc., whom the City used for the past eight (8) winters for plowing its municipal
lots. Accurate Dimensions, LLC also plows for the Town of Londonderry and is a reputable and
responsible company.

Thank You.

229 Main Street. Suite 234 » Nashua, New Hampshire 03060 » Phone (603) 589-3106

Subject: Snow Plowing Agreement

AGREEMENT
The City of Nashua, New Hampshire and the Contractor hereby mutually agree as follows:

GENERAL PROVISIONS
1. IDENTIFICATION.

THIS AGREEMENT (the “Agreement”) dated as of (the “Effective Date’), is
between the CITY OF NASHUA, NEW HAMPSHIRE, c/o of the Parking Department, 229 Main
Street, Nashua NH 03060, a New Hampshire municipal corporation, phone: 603-589-3106
(“City”), and AtCC ume. Fopymensiave, LLC. _ Phone: (603) 845-6553
(“Contractor”). Each of City and Contractor are sometimes referred to herein as a “Party”
collectively as the “Parties”.

~ and

2. CONTRACTOR CONTRACT MANAGER

Contractor shall designate a Contract Manager who shall be responsible for all contractual
authorization and administration under the Contract. This person is:

Contract Manager: Luke J. Vasconcelos
Title: President, Accurate Dimensions, LLC
Address: 20 Hazen Road, Bedford, NH 03110
Tel: 603-845-6553

Email: accuratedim@yahoo.com

3. CITY PURHCASING MANAGER

The City shall designate a Contract Manager who shall function as the City’s representative with
regard to Contract administration. This person is:

Contract Manager: Daniel Kooken
Title: Purchasing Manager
Address: 229 Main Street
Nashua, NH 03060
Tel: 603-589-3333

Email: kookend@nashuanh.gov

4. SCOPE OF WORK

Services shall include snow plowing, salt and sand treatment, and removal services for up to
18 (eighteen) municipal lots. Snow plowing services shall be conducted within one hour after
accumulation of snow greater than two (2) inches. Salt and sand treatment will be required
prior to and following each storm but will be dependent on each storm as to whether or not
treatment will be required, prior to or following a storm. Contractor must be available for
snow removal services on an as-needed basis to be determined by the Parking Manager. The
Contractor shall perform routine maintenance and repair on all equipment required to provide
snow plowing and removal service. All labor, tools, transportation, disposal costs, materials,
equipment and permits required to perform snow plowing and removal shall be the
responsibility of the Contractor. Contractor shall clearly identify areas such as, but not limited
to, curbing, shrubs, manholes, fencing, guardrails, electrical junction boxes or any other areas
that are susceptible to damage when concealed by snowfall prior to the first snowfall.

5. TERM & EXTENSION

This agreement will be from the date approved by the City of Nashua Purchasing Department
and terminating on May 15, 2020. This agreement may be extended for additional periods
under the same terms, conditions and pricing structure upon the written agreement of the
Contractor and the City of Nashua, NH.

6. DAMAGE
A. The Contractor agrees to indemnify and hold the City of Nashua, NH harmless from any
and all liability, claims, and actions of whatever kind arising out of injuries or damage
caused, arising from, resulting or due to its performance of its snow plowing services.
B. The Contractor agrees that any damage to building(s), materials, equipment or other

property caused, arising from, resulting or due to its performance of the snow plowing
service will be repaired or replaced at its sole expense.

7. INSURANCE

1. The Contractor shall carry the following minimum requirements relating to insurance
coverage and policy limits:

General Liability - $1,000,000
Motor Vehicle - $1,000,000 combined single limit for bodily injury and property damage
Workers’ Compensation as required by the NH statute

The agent/insurance carrier must issue the certificate of insurance. The declaration page of a
personal auto policy ts not acceptable. Insurance coverage must be provided via a commercial
policy, The agent/insurance carrier must be licensed in the City of Nashua, New Hampshire and
acceptable to the City of Nashua, New Hampshire.

8. INSURANCE CERTIFICATES

1. Insurance certificates evidencing the above are to be furnished the City as time of execution of
the contract and shall provide for not Jess than 30 days prior notice to the City of any cancellation
or major change in the policies.

2. The Risk Management Department is to be furnished a copy of the following documentation:
* <A copy of current motor vehicle registrations
* A copy ofall operators’ current drivers’ licenses
* The Transportation Department is to verify that all vehicles to be operated
have current inspection stickers; this needs to be noted when writing to the
Risk Management Department

3. The City of Nashua must be named as an additional insured on all certificates.

4, The Contractor must provide proof of compliance meeting Federal Department of
Transportation Commercial Driver Licensing requirements as to drug and alcohol testing.

5. NOTICE OF CANCELLATION: Each insurance policy required by the insurance provisions
of this prequalification shall provide the required coverage and shall not be suspended, voided,
cancelled, or reduced in coverage in limits except after thirty (30) days prior written notice has
been given to the City of Nashua Risk Management Department. Such notice shall be sent directly
- to The City of Nashua Risk Management Department, PO Box 2019, 229 Main Street, Nashua, NH
03061-2019 and shall be sent by certified mail, return receipt requested.

9. PRICING

The Contractor agrees to provide City of Nashua, NH with the services indicated in the list of Lot
Locations in this agreement at the prices as listed below.

Two vehicles per storm are required at the hourly rates listed below for snow plowing services and
are inclusive of fuel charges. The use of a third vehicle must be approved by the Parking Manager
or person designated by said Manager.

l, Vehicle 1: $95.00/hnr Ford 4 wheel flatbed (F350)
2, Vehicle 2: $95.00/hr Ford 4 wheel flatbed (F350)
3. Vehicle 3: $135,00/hr Chevy 6 wheel dump trailer ($500)

Vehicle for sand/salt treatment hourly rate (inclusive of fuel charges),
1. Vehicle 1: $195.00/hr Ford 4 wheel flatbed (F350)

Snow removal hourly rate (inclusive of fuel charges).
2. Vehicle 1: $135.00/hr Chevy 6 wheel dump trailer (8500)
3. Vehicle 2: $175.00/hr Catapillar TH560B

Lot Locations

1. City Hall Lots
2. Maple Street Lot
Garden Street & Lot

us

*

Schoo] Street Lot

High Street Lot

High Street Parking Garage Rooftop
Factory Street Lot

Water Street Lot

SC ID A

Le Pare Renaissance Lot

10. Railroad Square Lot

Ll. Pearson/Park Avenue Lot

12. Library Lot

13. Library Annex Lot

14. Library Employee Lot

15. Spring Street Lot

16. Senior Center Lot (West Side Only)
17. Conway Arena Lot

18. Crown Street Parking Ride Lot

10. PAYMENTS

The Contractor shall mvoice the requesting agency within seven (7) days of service. Payment
shall be paid in full within thirty (30) days after receipt of the properly documented invoice and
acceptance of the work to the City of Nashua Parking Department’s satisfaction.

The invoice shall be sent to the address of the using agency under agreement.
11. GENERAL REQUIREMENTS FOR SNOW PLOWING SERVICES

1. Contractor shall ensure that al] equipment used is properly registered and Inspected. The
City reserves the right to verify this information.

2, Upon Notice of Acceptance, Contractor must provide phone numbers where employees can
be reached. The inability of the City to make contact with Contractor within a reasonable
amount of time is cause for the City to use other contractors.

3. All snow plowing operations, including the location and timing of snow plowing and
treatment, will be scheduled directly by the Parking Manager or authorized representative,

4, The Contractor shall provide services in order to ensure the snow is plowed to designated
areas in each of the municipal parking lots per the direction of the Parking Department. The
Contractor shall ensure that all leased parking spaces remain accessible to lease parking
customers following the snow event. If, for any reason, a leased parking space must be

-4.

10.

1,

12.

13.

utilized for storage of snow, the Contractor must contact the Parking Department
immediately.

Snow removal operations will be at the discretion and scheduled directly by the Parking
Department. The contractor should have the proper equipment available to load the plowed
snow into a transport vehicle, and then take that vehicle to a City of Nashua approved snow
dump site.

All equipment must be equipped with a revolving or flashing amber li ght.
Subcontracting is not allowed.

The City shal] have no obligation to engage the services of the Contractor for a specified
number of times.

Contractor shall be knowledgeable and comply with all federal, state, and local laws, rules,
regulations, and ordinances that may be applicable to the operation of the equipment
provided by Contractor for snow plowing services.

The Contractor shall do all the work and furnish all the materials, tools, equipment and
safety devices necessary to perform snow plowing at all 18 (eighteen) municipal parking
facilities, in a workman like manner and within the time specified. It shall complete the
entire work to the satisfaction of the Parking Manager and in accordance with the
specifications herein mentioned, at the prices herein agreed upon and fixed therefore.

The Contractor shall conduct its work so as to interfere as little as possible with private
business and public travel. It shall, at its own expense, wherever necessary or required,
furnish safety devices and take such other precautions as may be necessary to protect life
and property.

The Contractor shall be responsible for all work done under this contract; for the protection
of the work; and, for preventing injuries to persons and damage to property and utilities on
or about the snow plowing work. It shall in no way, be relieved of its responsibilities by
any right of the Parking Manager to give permission or issue orders relating to any part of
the work, or by any such permission given or orders issued, or by failure of the Parking
Manager to give such permission or such orders.

The Contractor shall bear all losses resulting to him or to the owner on account of the
amount or character of the work, or because of the nature of the land in or on which the
work is done is different from what was estimated or expected, or account of the weather,
elements or other causes. The contractor shall assume the defense of all claims of
whatsoever character against the Contractor of the City, and indemnify, save harmless, and

~5-

12.

insure the City, its officer or agents, against all claims arising out of injury or damage to
persons, corporations or property, whether said claims are for unavoidable damage or not,
and from ali claims rejating to labor and equipment furnished for the snow plowing work.

PARKING LOT SNOW REMOVAL PRIORITY LIST*

SPRING STREET LOT
SENIOR CENTER LOT
LIBRARY LOT
LIBRARY LOT ANNEX
LIBRARY STAFF Lot
CITY HALL LOTS
GARDEN STREET & LOT
LE PARK RENAISSANCE LOT
WATER STREET LOT

. PEARSON/PARK AVE. LOT

. FACTORY STREET LOT

. RAILROAD SQAURE LOT

. MAPLE STREET LOT

. SCHOOL STREET LOT

. HIGH STREET LOT (55 Tax

. HIGH STREET GARAGE ROOFTOP

. CONWAY ARENA LOT

. CROWN STREET PARK AND RIDE LOT

CRON AA AWD =

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*Subject to Change.

GOVERNING LAW AND FORUM

This Agreement shall be interpreted and enforced in accordance with the laws of the state of
New Hampshire, excluding any choice of law or conflicts of law rules that would result in the
application of the laws of a different jurisdiction. Any claim, action, cause of action, or
complaint in law or inequity arising out of this contract, an alleged breach thereof, the work
performed or contracted to be performed thereunder, or in any way referable to this contract or
said work shall be brought in the Hillsborough (New Hampshire) County Superior Court
Southern Judicial District or in the New Hampshire 9th Circuit Court in Nashua, New
Hampshire and not elsewhere.

. SEVERABILITY.

If any provision of this Agreement is determined to be void, unlawful, ot otherwise
unenforceable, that provision shall be severed from the remainder of this Agreement, and
replaced automatically by a provision containing terms as nearly like the void, unlawful, or
unenforceable provision as possible, or otherwise modified in such fashion as to preserve, to
the maximum extent possible, the original intent of the Parties, and this Agreement, as so
modified, shall continue to be in full force and effect.

-6-

14.

15.

16.

AMENDMENT.

No modification, amendment, or other change to this Agreement shall be effective unless
agreed to In a writing signed by each of the Parties.

NO WAIVER.

Failure or forbearance by any Party to exercise any of its rights or remedies under this
Agreement shall not constitute a waiver of such nghts or remedies in that or any other
instance. No Party shall be deemed to have waived any right or remedy resulting from such
failure to perform unless it has made such waiver specifically in writing.

ENTIRE AGREEMENT.

This Agreement and any amendments to this Agreement contain the complete agreement
between the Parties with respect to the subject matter of this Agreement and supersede all
other agreements and understandings, whether written or oral, with respect to the matters
contained in this Agreement, including any letters of intent, term sheets or similar proposals
exchanged by the Parties,

IN WITNESS WHEREOEF, the Parties hereto have executed this Agreement effective as of the

Effective Date.

CITY OF NASHUA

By: Jim Donchess, duly authorized

Signature:

Title: Mayor
Date:

Contractor:

By: Accurate Dimensions, LLC.

Signature:

Title: President
Date:

THE CITY OF NASHUA “The Cate City

Financial Services

Purchasine Department

October 10, 2019
Memo #20-040

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: CONTRACT FOR PURCHASE OF PLAYGROUND SURFACING FOR THE JEFF
MORIN FIELDS AT ROBY PARK PLAYGOUND (VALUE: $109,790)
DEPARTMENT: 177 PARKS & RECREATION; FUND: GRANT

Please see the attached communication from Nicholas Caggiano, Superintendent of Parks and
Recreation Department, dated September 26, 2019 for information related to this purchase.
The Superintendent of Parks and Recreation Department, Board of Public Works (September 26, 2019

meeting) and the Purchasing Department recommend the award of this contract in an amount of
$109,790 from Green Ink LLC DBA IntelliTurf New England of Boston, MA.

Respectiull

an Kooken
Purchasing Manager

Ce: N Caggiano L Fauteux

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