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22.

officers or employees, in either their official or individual capacity of the City of Nashua,
for violations of or infringement of the copyright or patent laws of the United States or of
any other nation. Independent Contractor agrees to indemnify, to defend, and to hold
harmless the City of Nashua, its representatives, and employees from any claim or action
seeking to impose liability, costs, and attorney fees incurred as a result of or in connection
with any claim, whether rightful or otherwise, that any material prepared by or supplied
to Independent Contractor infringes any copyright or that any equipment, material, or
process (or any part thereof) specified by Independent Contractor infringes any patent.

Independent Contractor shall have the right, in order to avoid such claims or actions, to
substitute at its expense non-infringing materials, concepts, products, or processes, or to
modify such infringing materials, concepts, products, or processes so they become non-
infringing, or to obtain the necessary licenses to use the infringing materials, concepts,
products, or processes, provided that such substituted or modified materials, concepts,
products, or processes shall meet all the requirements and be subject to all the terms and
conditions of this contract.

FINALACCEPTANCE Upon completion of all work under the contract, Independent Contractor
Shall notify the City of Nashua in writing of the date of the completion of the work and
request confirmation of the completion from the City of Nashua. Upon receipt of the
notice, the City of Nashua shall confirm to Independent Contractor in writing that the
whole of the work was completed on the date indicated in the notice or provide
Independent Contractor with a written list of work not completed. With respect to work
listed by the City of Nashua as incomplete, Independent Contractor shall promptly
complete the work and the final acceptance procedure shall be repeated. The date of final
acceptance of a project by the City of Nashua shall be the date upon which the Board of
Public Works or other designated official accepts and approves the notice of completion.

23. TAXES Independent Contractor shall pay all taxes, levies, duties, and assessments of every

24.

25.

26.

nature due in connection with any work performed under the contract and make any and
all payroll deductions required by law. The contract sum and agreed variations to it shall
include all taxes imposed by law. Independent Contractor hereby indemnifies and holds
harmless the City of Nashua from any liability on account of any and all such taxes, levies,
duties, assessments, and deductions.

NON-WAIVER OF TERMS AND CONDITIONS None of the terms and conditions of this contract shall
be considered waived by the City of Nashua. There shall be no waiver of any past or future
default, breach, or modification of any of the terms and conditions of the contract unless
expressly stipulated to by the City of Nashua in a written waiver.

RIGHTS AND REMEDIES The duties and obligations imposed by the contract and the rights and
remedies available under the contract shall be in addition to and not a limitation of any
duties, obligations, rights, and remedies otherwise imposed or available by law.

PROHIBITED INTERESTS Independent Contractor shall not allow any officer or employee of the
City of Nashua to have any indirect or direct interest in this contract or the proceeds of this
contract. Independent Contractor warrants that no officer or employee of the City of
Nashua has any direct or indirect interest, whether contractual, noncontractual, financial
or otherwise, in this contract or in the business of Independent Contractor. If any such

GC 11 of 13

27.

28.

29.

interest comes to the attention of Independent Contractor at any time, a full and complete
disclosure of the interest shall be immediately made in writing to the City of Nashua.
Independent Contractor also warrants that it presently has no interest and that it will not
acquire any interest, direct or indirect, which would conflict in any manner or degree with
the performance of services required to be performed under this contract. Independent
Contractor further warrants that no person having such an interest shall be employed in
the performance of this contract. If City of Nashua determines that a conflict exists and
was not disclosed to the City of Nashua, it may terminate the contract at will or for cause
in accordance with paragraph 8.

In the event Independent Contractor (or any of its officers, partners, principals, or
employees acting with its authority) is convicted of a crime involving a public official arising
out or in connection with the procurement of work to be done or payments to be made
under this contract, City of Nashua may terminate the contract at will or for cause in
accordance with paragraph 8. Upon termination, Independent Contractor shall refund to
the City of Nashua any profits realized under this contract, and Independent Contractor
Shall be liable to the City of Nashua for any costs incurred by the City of Nashua in
completing the work described in this contract. At the discretion of the City of Nashua,
these sanctions shall also be applicable to any such conviction obtained after the expiration
or completion of the contract.

Independent Contractor warrants that no gratuities (including, but not limited to,
entertainment or gifts) were offered or given by Independent Contractor to any officer or
employee of the City of Nashua with a view toward securing a contract or securing
favorable treatment with respect to the awarding or amending or making of any
determinations with respect to the performance of this contract. If City of Nashua
determines that such gratuities were or offered or given, it may terminate the contract at
will or for cause in accordance with paragraph 8.

The rights and remedies of this section shall in no way be considered for be construed as
a waiver of any other rights or remedies available to the City of Nashua under this contract
or at law.

THIRD PARTY INTERESTS AND LIABILITIES The City of Nashua and Independent Contractor,
including any of their respective agents or employees, shall not be liable to third parties
for any act or omission of the other party. This contract is not intended to create any
rights, powers, or interest in any third party and this agreement is entered into for the
exclusive benefit of the City of Nashua and Independent Contractor.

SURVIVAL OF RIGHTS AND OBLIGATIONS The rights and obligations of the parties that by their
nature survive termination or completion of this contract shall remain in full force and
effect.

SEVERABILITY In the event that any provision of this contract is rendered invalid or
unenforceable by any valid act of Congress or of the New Hampshire legislature or any
court of competent jurisdiction, or is found to be in violation of state statutes or
regulations, the invalidity or unenforceability of any particular provision of this contract
shall not affect any other provision, the contract shall be construed as if such invalid or

GC 12 of 13

30.

31.

unenforceable provisions were omitted, and the parties may renegotiate the invalid or
unenforceable provisions for sole purpose of rectifying the invalidity or unenforceability.

MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT This contract constitutes the entire 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 13 of 13

IE

ASSESSMENT SERVICES

PROPOSAL FOR SEWER SYSTEM FLOW MONITORING
CITY OF: NASHUA, NH
DATE: JULY 12, 2021

NashuaWWtTF

2 Sawmill Rd.
Nashua, NH 03060
Attn: Dave Boucher

PURPOSE

The City of Nashua, NH, (herein called “Client) has requested from Flow Assessment Services,
LLC, (herein called “Subconsultant”) a proposal for specialized services in the City of Nashua.
This document represents Subconsultant’s proposal to perform the requested services and
includes the following:

A listing of the services to be provided;

A detailed description of the scope of services to be provided;
A list of Client responsibilities;

A list of mutual agreements between the two parties;

An estimated time of performance of the requested services; and
A fee schedule for the requested services.

Au kwWNre

SCOPE OF PROFESSIONAL SERVICES TO BE PROVIDED
The specific services to be performed by the Subconsultant shall include the following:

A. The study area consists of select portions of the Nashua sanitary sewer system. The system
will be investigated for the purpose of quantifying wastewater flow.

B. The Scope of Specialized Services shall include the following items and estimated work

quantities.
Item# Description of Tasks Estimated Quantity
1 Flow Meter Installation 4 Meters
Z Flow Meter Operation, Maintenance, & Rental 88 Meter Months
(4 Meters x 22 Months= 88 Meter Months)
3 Flow Data Reduction & Presentation 88 Data Months
(4 Meters x 22 Months= 88 Data Months)

C. Continuous flow monitoring will be perfouned to oblain information necessary to accurately
analyze the monitoring tributary areas for infiltration during high groundwater periods and

for rainfall related inflow during wet weather periods. Continuous metering will be
conducted for the designated time period as directed by the Client.

The flow monitoring will be accomplished by one of the following methods:

1. The use of continuous monitoring devices incorporating a velocity sensor combined with
a depth sensor, or

2. Palmer Bowlus flumes, in conjunction with continuous depth recording.

D. Flow monitoring data reduction and review will be performed on all data obtained each flow
monitoring location. The data obtained will be reduced, evaluated, and presented in report
form. One (1) copy of the completed report will be submitted to the Client. This will
include, for each location, tabular reports based on 15-minute time increments.

The tabular report will be provided and will include:

A summary of daily flow information for a selected time period. The summary presents, for
each day, the minimum flow rate, peak flow rate, total daily flow, total rain, peak hourly rain,
and peak 15-minute rainfall, if applicable. The summary also includes the total flow volume,
average daily flow, and total rainfall quantity, if applicable, for the selected time period.

Detailed flow reports of the flow rate data in 15-minute time increments will also be
prepared and submitted. The detailed report will include depth of flow, velocity of flow,
incremental flow rate, cumulative flow rate and recorded rainfall. The report will also
include the total daily flow volume and total daily rainfall quantity, if applicable.

In addition, flow hydrographs will be prepared for each flow monitoring location, which
present a plot of the recorded flow rates for a selected time period. A bar graph of rainfall
recorded during the selected time period is also plotted on the hydrograph.

Further, periodically data will be posted to a secure password protected web site that will
allow project personnel access to flow, rainfall and groundwater recorded data. Users then
can prepare and review detailed flow reports, graphs and tables. Comparison between wet
and dry periods as well as net flows per sub system calculations may also be performed.
Online data export format capabilities included Excel, Access, and ASCII.

IILQUALITY CONTROL PROCEDURES

FIELD OPERATIONS-SITE SELECTION

Since the flow monitoring site can play a significant role in obtaining accurate flow monitoring
data, site selection in the field will be given a high priority. The proposed monitoring site will be
visited for the specific purpose of observing flow characteristics. Every effort will be made to
identify a monitoring site that will provide accurate data while attempting to comply with the
original location plan.

Observations such as surcharging or backing up of flows are less than ideal for monitoring and if
possible will be avoided. Manholes having more than one line entering and irregular
flow/velocity patterns will also be looked on as less than favorable.

FLOW METER SELECTION/INSTALLATION

Once a site has been identified the appropriate meter with any specific sensors will be installed.
The installation will consist of installing tight fitting aluminum bands with both flow depth and
velocity sensors mounted in such a way as not to obstruct flow or snag paper or other disposed
items m the flow stream.

INITIAL & SUBSEQUENT FLOW VERIFICATION

During the installation process, the meter will be operated in such a way as to instantaneously
obtain and display both depth and velocity readings. Manual depth measurements will be
obtained and compared to meter readings, any diffizrences will be corrected to within 0.10
inches. Using a hand held velocity meter, readings will be obtained and compared to the metered
velocity readings and adjustments to the installed equipment will be made until a reasonable
match is obtained. During each maintenance Visit, the following will be performed and noted on
site log sheets:

Actual depth of flow

Metered depth of flow

Actual flow velocity

Metered flow velocity

Flow pattern will be graphed for the previous period

Scatter plots of both depth & velocity will be reviewed

Any adjustments ( if necessary) will be noted

Battery voltage logged and if necessary, batteries will be replaced

DATA QUALITY REVIEW

Staff operating at our headquarters will review the flow data as it is received for completeness
(missing data). A more detailed review will take place at a later date when the actual field logs
arrive. Flow data files will then be combined with rainfall data and graphs will be prepared to
begin a more detailed review of all depth, velocity and flow data. Abnormalities such as
unexplainable depth spikes or drop outs as well as inconsistent velocity trends will be noted.
Additional comparison graphs will be prepared that will use both actual depth and velocity data
as well as predicted data. Scatter plots will also be produced to better understand specific
characteristics of the site as well as help identify isolated incorrect measurements. Adjustments
or corrections, if any, will be performed and documented.

IV. CLIENT RESPONSIBILITIES
The Client shall provide the following at no additional cost to the Subconsultant:

A. Furnish copies of the necessary plot maps of all sewers to be studied. The sewer lines and
manholes should be clearly marked and labeled with a numbered refierence system.

B, Make any revisions to the sewer maps in the study area based on correction data collected
during the fieldwork.

C. Make arrangements to provide traffic control as required by local public safety authorities.

D. Make arrangements to provide access to and exposure for entry those manholes within the
study area which are buried, covered or otherwise not readily accessible.

E. Provide free and legal access to all sites of work.

F. Assure the prompt clearance of major blockages or obstructions in the sewer system, if any,
should such clearance be required for performance of the work.

G. Provide the shutdown of certain pump stations, upon prior request, should it become
necessary for the satisfactory performance of the work.

TH. In the absence of any of the assurances indicated above, give Subconsultant release from
responsibility for the performance of the affizcted portions of the work under this Agreement.

VI. TIME OF PERFORMANCE

Subconsultant anticipates initiating fieldwork no later than SEPTEMBER 1, 2021 with all such
fieldwork to be completed JUNE 30, 2023 (to coincide with expiration of amendment#3 of
the CSO Flow monitoring contract with Nashua which is extended year to year thru
6/30/23 subject to annual budget appropriations). All data will be provided to the Client
within 30) days of completion of each field task.

This proposal is valid until December 31, 2021.

FEES

| Item | Description of Tasks Estimayed Unit Total
# | Quantity Cost Cost

Flow Meter Installation 4 Meters $1,000.00 $4,000.00

2 | Flow Meter Operation, Maintenance, & Rental | 88 Meter | $450.00 | $39,600.00
(4 Meters x 22 Months= 88 Meter Months) Months

3 Flow Data Reduction & Presentation 88 Data $200.00 $17,600.00
(4 Meters x 22 Months= 88 Data Months) Months

_ Total: $61,200.00

VU. METHOD OF PAYMENT

The Method of Payment for Professional Services outlined above shall be in the form of progress
invoices to be submitted to the Client for the items above as the fieldwork is actually completed.
Such invoices are due and payable within THIRTY (30) days.

Regards,

Flow Assessment Services, LLC

Quite

Dennis Vigliotte
Managing Partner

City of Nashua

Office of the Treasurer

. _ 603) 589-3193
229 Main Street - Nashua, NH 03060 Fax (802)680.3228

December 20, 2017

To: Board of Aldermen
From: David G. Fredette, Treasurer/Tax Collector D.Z.7.

Re: Purchase replacement for two 2009 Ford F250 % ton 4X4 Pick-up Trucks with Plow (Parks & Rec)

The purpose of this communication is to inform the Board of Aldermen that two vehicles listed in the
FY2018 Adopted Budget under Planned CERF Replacements will exceed the ten percent purchase price
threshold. In particular, the two 2018 Ford F350 4x4 service body pick-ups with V plows has come in at
$98,038.08, which exceeds the 10% threshold by $4,657. (The CERF estimated replacement value is
$84,892). The reason for this variance is because the Parks and Recreation Department is replacing the two
F250 pick-ups with two F350 pick-ups with V plows. This V plow upgrade is necessary to improve the inner
city plowing and allow the ability to shelf-up snow on dead end streets. The Superintendent and Fleet
Manager both recommend this purchase. The vehicles were approved by the Board of Public Works at their
December 14, 2017.

Although the cost of this particular purchase is over the CERF estimated replacement cost, the department’s
overall CERF budget was under by approximately $13,000 for the large mower recently purchased under the
CERF replacement program.

Pursuant to NRO 5-127.1 D Capital Equipment reserve Fund, which states: “During that fiscal year, the
city may purchase that equipment, or equipment that will serve the same stated purpose as the listed
equipment as long as the price does not vary by more than ten percent of the estimated replacement
value. All purchases from the Capital Equipment Reserve Fund must comply with the city’s purchasing
approval process. Any requests to use funds from the Capital Equipment Reserve Fund must be
approved by the board of aldermen.”

I respectfully request the concurrence from the Board of Aldermen for this planned purchase, which is
over the ten percent threshold.

Mayor Jim Donchess
Kim Kleiner, Chief of Staff
John Griffin, CFO/Comptroller

DPW 17-023

®
ACORD
(—

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)
05/03/2021

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 rights to the certificate holder in lieu of such endorsement(s).

PRODUCER BONTACT Patricia LeBlanc
; PHONE - FAX -
Brown & Brown of New Hampshire (AIG. No, Ext): (603) 424-9901 (AIC, No}: (866) 848-1223
309 Daniel Webster Highway EMAL ss: pleblanc@bbnhins.com
INSURER(S) AFFORDING COVERAGE NAIC #
Merrimack NH 03054 INSURERA: /he Travelers Indemnity Company of Connecticut 25682
INSURED INSURERB: /he Phoenix Insurance Company 25623
Flow Assessment Services LLC INSURERC: |ravelers Property Casualty Company of America 25674
72 Priscilla Ln. INSURER D: Admiral Insurance Company 24856
INSURER E :
Auburn NH 03032 INSURER F:
COVERAGES CERTIFICATE NUMBER: 2021 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.
INSR ADDL|SUBR POLICY EFF | POLICY EXP
LTR TYPE OF INSURANCE INSD | wvD POLICY NUMBER (MM/DD/YYYY) | (MM/DD/YYYY) LIMITS
x< COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
DAMAGE TO RENTED
| CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ 300,000
MED EXP (Any one person) $ 5,000
A Y P-660-7R164868-TCT-21 01/01/2021 | 01/01/2022 | LeRconal a ADV INJURY g 1,000,000
GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE g_ 2,000,000
><) powicy [| aE [| Loc propucts-compiopace | 5 2:000,000
OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $s 1,000,000
(Ea accident)
><| any Auto BODILY INJURY (Per person) | $
OWNED SCHEDULED - -21-43- i
B OU Tas ONLY ress Y BA-7R164217-21-43-G 01/01/2021 | 01/01/2022 | BODILY INJURY (Per accident) | $
HIRED NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY (Per accident)
$
><) UMBRELLA LIAB ><! occur EACH OCCURRENCE g 9,000,000
Cc EXCESS LIAB CLAIMS-MADE CUP-7R165472-21-43 01/01/2021 | 01/01/2022 | , carecate g 2,000,000
DED | | RETENTION g 10,000 $
WORKERS COMPENSATION | PER Ix OTH-
AND EMPLOYERS' LIABILITY YIN STATUTE ER 7000000
CO CROC NIBEN ONC URED OO TVE NIA UB-18084133 03/18/2021 | 03/18/2022 LEL.EACHACCIDENT §
(Mandatory in NH) E.L. DISEASE -EA EMPLOYEE | ¢ 1,000,000
If yes, describe under 1.000.000
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT | $ [mY *?
; Aggregate $5,000,000
Contractors Pollution and ;
D | Professional Liability FEI-ECC-28148-00 01/01/2021 | 01/01/2022 | Each Claim $5,000,000

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

The City of Nashua is listed as additional insured for ongoing and completed operations when required by written contract or agreement.

Workers Compensation 3A States: CT, DE, MA, MD, ME, NH, NJ, NY, PA, RI, VA, VT

CERTIFICATE HOLDER

CANCELLATION

The City of Nashua
229 Main Street
City Hall

Nashua NH 03060

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE

Pataca Le Ateme

ACORD 25 (2016/03)

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