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17.

18.

19.

handicapped individuals without discrimination based upon physical or mental handicap in all
employment practices, including but not limited to the following: employment, upgrading,
demotion, transfer, recruitment, advertising, layoff, termination, rates of pay, or other forms
of compensation and selection for training, including apprenticeship.

Without limitation of the foregoing, Independent Contractor's attention is directed to Title
41” Public Contracts and Property Management” C.F.R. Subtitle B “Other Provisions Relating to
Public Contracts” Section 60 “Office of Federal Contract Compliance Programs, Equal
Employment, Department of Labor” which, by this reference, is incorporated in this contract.

Independent Contractor agrees to assist disadvantaged business enterprises in obtaining
business opportunities by identifying and encouraging disadvantaged suppliers, consultants,
and sub consultants to participate to the extent possible, consistent with their qualification,
quality of work, and obligation of Independent Contractor under this contract.

In connection with the performance of work under this contract, Independent Contractor
agrees not to discriminate against any employee or applicant for employment because of race,
creed, color, national origin, sex, age, or sexual orientation. This agreement includes, but is
not limited to, the following: employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of compensation,
and selection for training, including apprenticeship.

Independent Contractor agrees, if applicable, to insert these provisions in all subcontracts,
except for subcontracts for standard commercial supplies or raw materials. Any violation of
any applicable provision by Independent Contractor shall constitute a material breach of the
contract.

ENDORSEMENT Independent Contractor shall seal and/or stamp and sign professional
documents including drawings, plans, maps, reports, specifications, and other instruments of
service prepared by Independent Contractor or under its direction as required under the laws
of the State of New Hampshire.

ASSIGNMENT, TRANSFER, DELEGATION, OR SUBCONTRACTING Independent Contractor shall not assign,
transfer, delegate, or subcontract any rights, obligations, or duties under this contract without
the prior written consent of the City of Nashua. Any such assignment, transfer, delegation, or
subcontracting without the prior written consent of the City of Nashua is void. Any consent of
the City of Nashua to any assignment, transfer, delegation, or subcontracting shall only apply
to the incidents expressed and provided for in the written consent and shall not be deemed to
be a consent to any subsequent assignment, transfer, delegation, or subcontracting. Any such
assignment, transfer, delegation, or subcontract shall require compliance with or shall
incorporate all terms and conditions set forth in this agreement, including all incorporated
Exhibits and written amendments or modifications. Subject to the foregoing provisions, the
contract inures to the benefit of, and is binding upon, the successors and assigns of the parties.

CITY INSPECTION OF CONTRACT MATERIALS The books, records, documents and accounting

procedures and practices of Independent Contractor related to this contract shall be subject
to inspection, examination and audit by the City of Nashua, including, but not limited to, the

GC 9 of 13

20.

21.

contracting agency, the Board of Public Works, Corporation Counsel, and, if applicable, the
Comptroller General of the United States, or any authorized representative of those entities.

DISPOSITION OF CONTRACT MATERIALS Any books, reports, studies, photographs, negatives or other
documents, data, drawings or other materials, including but not limited to those contained in
media of any sort (e.g., electronic, magnetic, digital) prepared by or supplied to Independent
Contractor in the performance of its obligations under this contract shall be the exclusive
property of the City of Nashua and all such materials shall be remitted and delivered, at
Independent Contractor's expense, by Independent Contractor to the City of Nashua upon
completion, termination, or cancellation of this contract. Alternatively, if the City of Nashua
provides its written approval to Independent Contractor, any books, reports, studies,
photographs, negatives or other documents, data, drawings or other materials including but
not limited to those contained in media of any sort (e.g., electronic, magnetic, digital) prepared
by or supplied to Independent Contractor in the performance of its obligations under this
contract must be retained by Independent Contractor for a minimum of four years after final
payment is made and all other pending matters are closed. If, at any time during the retention
period, the City of Nashua, in writing, requests any or all of the materials, then Independent
Contractor shall promptly remit and deliver the materials, at Independent Contractor's
expense, to the City of Nashua. Independent Contractor shall not use, willingly allow or cause
to have such materials used for any purpose other than the performance of Independent
Contractor's obligations under this contract without the prior written consent of the City of
Nashua.

PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS Independent Contractor expressly agrees that all
documents ever submitted, filed, or deposited with the City of Nashua by Independent
Contractor (including those remitted to the City of Nashua by Independent Contractor
pursuant to paragraph 20), unless designated as confidential by a specific statue of the State
of New Hampshire, shall be treated as public records and shall be available for inspection and
copying by any person, or any governmental entity.

No books, reports, studies, photographs, negatives or other documents, data, drawings or
other materials including but not limited to those contained in media of any sort (e.g.,
electronic, magnetic, digital) prepared by or supplied to Independent Contractor in the
performance of its obligations under this contract shall be the subject of any application for a
copyright or patent by or on behalf of Independent Contractor. The City of Nashua shall have
the right to reproduce any such materials.

Independent Contractor expressly and indefinitely waives all of its rights to bring, including but
not limited to, by way of complaint, interpleader, intervention, or any third party practice, any
claims, demands, suits, actions, judgments, or executions, for damages or any other relief, in
any administrative or judicial forum, against the City of Nashua or any of its 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

GC 10 of 13

22.

23

24.

25.

26.

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.

FINAL ACCEPTANCE 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.

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

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 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

GC 11 of 13

Board of Aldermen — 12/12/17 Page 6

wonderful idea. I’m wondering how we’re going to supervise this? This is a pilot program; how are we going to
evaluate it in the years’ time? Is there any measurement? How are we managing this?

Mayor Donchess

We are going to measure and manage it. The point is that there is certainly research and anecdotal evidence
suggesting that assistance with recovery on a hands-on basis greatly improves the likelihood and the chances
of recovery. But in addition to helping a certain caseload who will be handled or worked with by this person,
we do want to develop data and information regarding success rates and all the experience that is derived from
working with a caseload of 20, 30, 40 to 50 people at the same time.

So if you look at paragraph 4 of the contract, it suggests that the recipient, meaning Revive Recovery, will
provide the city with monthly and quarterly reports containing identified aggregate information. Such reports
shall at a minimum include data on the number of clients served, contacts with the clients, and the services
provided to those clients. Initial intake data, client outcomes and challenges will also be collected and reported,
but without identifiable client information. Upon receiving each report, the city may require recipient to alter the
report or collect different or additional data that would be more useful to the city.

So what we really want are reports on how are people doing after 30, 60, 90, 180, 360 days, in addition to the
number of people served, the number of people who have dropped off with unknown outcome, people who
have relapsed, people who have come back. So we really want to be able to see, in detail, how this works and
what rate of success and what the experience of the pilot program is. And the point of this is not only so that
we as a city understand what’s going on but if we develop sufficient information suggesting actual statistical
support here for the recovery coach approach, then we can use this to persuade others outside the city — the
State government and others — to add to and supplement this kind of program. We know that trying to deal
with the opioid crisis is a work in process, the Safe Stations program, of course, we meet every two weeks and
we evaluate how things are going; different things come up and many adjustments are being made. This, |
think, is a similar project. We will see how things go and try to work with it as time goes on.

You might have seen, in terms of digressing into Safe Stations for a moment, that Providence started a Safe
Stations program in the last week or so in which they say it is based on the model from Manchester and
Nashua, New Hampshire, which they used. They actually visited here and in Manchester to initiate their
program.

Alderman Schoneman

Are the reports going to come to the Mayor's office or to the Opioid Task Force? Who is going to evaluate the
reports that are coming in?

Mayor Donchess

| think the reports will be aggregate data so they'll come to the Mayor’s office. But if members of the Board of
Aldermen would like to get reports — they'll certainly be going to the Safe Stations guidance group — but if
members of the Board of Aldermen want them that’s obviously no problem. In fact, that’s a good idea. | think
we should distribute reports to the Board of Aldermen on a periodic basis so you can see what’s happening.
And there’s very detailed data regarding the Safe Stations program and the number of people who have
reported. We provided to the Budget Committee at the time this was heard copies of those reports just so you
can see what’s going on. Those are generated every two weeks; anyone who wants those at any time can get
them. They’re generated, in that case, by AMR.

Alderman Dowd

The Budget Committee unanimously approved this. We had three or four who had compelling arguments
discussing what’s going to happen. What happens with the current program is we get the people to appoint
where they’re recovered, and then we just say, okay, you’re on your own. And that’s why there are so many
repeat offenders. This program will give them a crutch so that somebody can guide them so that they can get

27.

28.

29.

30.

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 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

GC 12 of 13

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.

31. 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

EXHIBIT B

a EASTERNI

a HEAT PUM

HEATING AN

724 E Industrial Park Drive Unit 1 Manchester, NH 03109 PH:603-518-8480

June 17, 2021
Nashua Wastewater Treatment Facility
2 Sawmill Rd
Nashua, NH

RE: Fan replacement

Eastern Heat Pump & Mechanical is pleased to offer you this proposal for the above listed project
per plans and specifications as listed in the scope below.

e Provide labor and materials to replace (3) exhaust fan.
e Provide labor and materials to remove ductwork and reinstall after fan is in place.

e Exclusions; removal of control wiring and conduit, Line voltage wiring, equipment.

Total Investment $29,400.00

Terms:
Payment Terms:

Net due upon completion. If an invoice is not paid within the time period permitted, it shall
bear interest thereafter at a rate of 18% per annum until paid (unless otherwise noted herein).

Quotation Valid:
This quotation shall remain valid Until August 20, 2021. If not accepted within that time,

Eastern Heat Pump and Mechanical would be pleased to review this proposal at your

request.

All work is based on normal hours (Mon - Fri; 7:00am to 3:30pm) unless stated otherwise in
this proposal.

EASTERNI

HEATING AND AIR ft

724 E Industrial Park Drive Unit 2 Manchester, NH 03109 PH:603-518-8480

Eastern Heat Pump & Mechanical will warranty that our work performed will be free from
defects in material and workmanship for a period of one (1) year following the date of original
delivery by us.

Eastern Heat Pump & Mechanical is pleased to be of service and to quote you on your
mechanical needs. If you have any questions, or require additional information, please feel
free to call us at your convenience.

—_)
(a

CERTIFICATE OF LIABILITY INSURANCE

EXHIBIT C

KSHAUGH
DATE (MM/DDIYYYY)
7/1/2021

EASTHEA-01

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

The Davis Agency, LLC
28 Commercial Street
Suite 5

CONTACT Karen Shaughnessy

(Ale. No, Ext); (603) 856-8104 | FAX o).(603) 715-1911

F MAL... karen@thedavisagency.com

Concord, NH 03301
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A: Hanover Insurance Companies
INSURED INSURER B :
Eastern Heat Pump & Mechanical LLC INSURER C :
724 E. Industrial Park Drive Unit 1 INSURER D:
Manchester, NH 03109
INSURER E :
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.

INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER HOA) | CIR ay) LIMITS
A | X | COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 5 1,000,000
CLAIMS-MADE OCCUR X ZBVH411125 10/26/2020 | 10/26/2021 | BAMEBE TO RENTED ce) | 8 100,000
— MED EXP (Any one person) $ 10,000
CP PERSONAL & ADVINJURY | $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 5 2,000,000
POLICY SECT Loc PRODUCTS - COMP/OP AGG | $ 2,000,000
OTHER: $
A | AUTOMOBILE LIABILITY & a eoden) LIMIT $ 1,000,000
X | any auto [AWVH410784 10/26/2020 | 10/26/2021 | sopiLy INJURY Per person) | §
OWNED [| SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY (Per accident) | $
X | HIRED X | NON-OWNED PROPERTY DAMAGE
| & | AUTOS ONLY AUTOS ONLY (Per accident) $
$
A | X | umBreLLa LiaB X | occur EACH OCCURRENCE $ 1,000,000
EXCESS LIAB CLAIMS-MADE UHVH411529 10/26/2020 | 10/26/2021 AGGREGATE 5 1,000,000
DED | | RETENTION $ $
A. |WORKERS COMPENSATION PER OTH-
AND EMPLOYERS’ LIABILITY YIN X | stature | ER
ANY PROPRIETORIPARTNERIEXECUTIVE WDVH410863 40/26/2020 | 10/26/2021 | =) acy acciDENT 5 500,000
QFFICER/MEMBER EXCLUDED? N/A 500.000
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE! $ ,
If yes, describe under 500.000
DESGRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT | $ ’

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
** Workers Compensation ** 3A State(s): NH. Excluded Officer(s)/Member(s): Robert Fichera

RE: Various work throughout the policy term. It is agreed and understood that the City of Nashua NH is included as additional insured on a primary and
non-contributory basis on General Liability for ongoing operations when required by written contract.

CERTIFICATE HOLDER

CANCELLATION

City of Nashua NH

Division of Public Works

229 Main Street
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

|
ACORD 25 (2016/03)

© 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

City of Nashua

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

To: Mayor Donchess
Finance Committee

From: Kelly Parkinson, Purchasing Manager
Date: July 14, 2021
Re: Change Order for City Hall Renovation

In accordance with O-14-011, communication of amendments to contracts, this memo is to inform the
Finance Committee of a subsequent change order to the request from the Administrative Services Division
for a project change order from D.L. King & Associates of Nashua NH.

The original contract price in the amount of $913,343.24 was approved by Finance Committee on
September 16, 2020. Subsequently, change orders #1-3 for an additional $26,552.21 were approved on
January 6, 2021 and change orders #4-6 for an additional $21,481.27 were approved on April 21, 2021
bringing the total to date to $961,376.72.

The Administrative Services Division has requested the additional $20,385.78 in funding to cover the final
project change orders bringing the approved total to $981,762.50.