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SUPERVISION:

The City reserves the right to inspect the work being performed and to determine whether it is being
performed in a good and “workmanlike” manner. The Contractor shall have the ultimate authority to
determine the hours of work, the length of workdays, the means and methods of performance of the
work, and the City shall not interfere in this regard.

INVOICES:

The Contractor agrees to provide the City with monthly invoices, including copies of all applicable
receipts, for all work performed on a monthly basis.

SUBCONTRACTORS OR ASSISTANTS:

The Contractor agrees to pay any wages, taxes, unemployment insurance, withholding taxes, and
workers compensation insurance required by law for assistants or subcontractors. Said assistants or
subcontractors will be paid and supervised directly by the Contractor. Any subcontractor used is the
agent of the Contractor and not the City of Nashua. Subcontractors are subject to the same insurance
requirements as the Contractor.

INSURANCE:
Contractor shall carry and maintain in effect during the performance of services under this contract:
General Liability insurance in the amount of $1,000,000 per occurrence; $2,000,000 aggregate;

and Workers' Compensation Coverage in compliance with the State of New Hampshire statutes,
$100,000/$500,000/$100,000.

Contractor shall maintain in effect at all times during the performance under this contract all specified
insurance coverage with insurers. None of the requirements as to types and limits to be maintained by
Contractor are intended to and shall not in any manner limit or qualify the liabilities and obligations
assumed by Contractor under this contract. The City of Nashua shall not maintain any insurance on
behalf of Contractor. Subcontractors are subject to the same insurance requirements as Contractor and it
shall be the Contractor’s responsibility to ensure compliance of this requirement.

Contractor will provide the City of Nashua with certificates of insurance for coverage as listed below and
endorsements affecting coverage required by the contract within ten calendar days after the City issues
the notice of award. The City of Nashua requires thirty days written notice of cancellation or material

change in coverage. The certificates and endorsements for each insurance policy must be signed by a
person authorized by the insurer and who is licensed by the State of New Hampshire. General Liability

City of Nashua HOPWA contract Page 3

and Employers’ Liability polices must name the City of Nashua as an additional insured and reflect on the
certificate of insurance. Contractor is responsible for filing updated certificates of insurance with the City
of Nashua's Risk Management Department during the life of the contract.

All deductibles and self-insured retentions shall be fully disclosed in the certificate(s) of insurance.

If aggregate limits of less than $2,000,000 are imposed on bodily injury and property damage, Contractor
must maintain umbrella liability insurance of at least $1,000,000. All aggregates must be fully disclosed
on the required certificate of insurance.

The specified insurance requirements do not relieve Contractor of its responsibilities or limit the amount of
its liability to the City or other persons, and Contractor is encouraged to purchase such additional
insurance, as it deems necessary.

The insurance provided herein is primary, and no insurance held or owned by the City of Nashua shall be
called upon to contribute to a loss.

INDEMNIFICATION:

The Contractor agrees to indemnify, defend and hold harmless the City (the “Indemnified Party”) from
and against any and all liabilities, damages, losses, claims, causes of action, costs and expenses, of any
kind or nature (including but not limited to reasonable attorneys’ fees), incurred or sustained by or
asserted against the Indemnified Party in any manner directly or indirectly arising out of Contractor’s
work performed under this Agreement. However, the Contractor’s indemnification obligation shall not
apply to liability arising from the negligence or misconduct of the Indemnified Party

CONTRACTOR:

The Contractor agrees that it is completely independent from the City and is not an employee of the
City. The Contractor warrants that it may work for other individuals and/or entities.

CHOICE OF LAW AND VENUE:

The laws of the State of New Hampshire shall govern this AGREEMENT exclusively and any litigation
related to this AGREEMENT shall be brought to a court located in the State of New Hampshire.

CONFIDENTIALITY:

The Contractor acknowledges that, while performing service under this Agreement, the Contractor will
have access to information that is confidential. The Contractor will keep this information confidential

City of Nashua HOPWA contract Page 4

and will not disclose it to any other person. This obligation of confidentiality is continuous in nature and
does not expire.

Honorable James Donchess, Mayor Date
City of Nashua
Peter Kelleher, President Date

Harbor Homes, Inc.

City of Nashua HOPWA contract Page 5

City of Nashua

Purchasing Department

Administrative Services Division (603) 589-3330
229 Main Street - Nashua, NH 03060 Fax (603) 594-3233
May 12, 2021
Memo #21-115
TO: Mayor Donchess
Finance Committee
SUBJECT: Software Maintenance in the amount of $110,000 funded from accounts 54407 Software

Maintenance and 81700 Infrastructure Improvements (80%/20%)

Please see attached communications from Kimberly Kleiner, Director of Administrative Services, dated May
4, 2021 for project specific details related to this purchase. Below please find a summary of the purchase
approval request:

Item: Annual software maintenance for Cartegraph software
Value: $110,000
Vendor: Cartegraph

Department: 122 Information Technology and 169 Wastewater
Source Fund: $88,000 to come from 54407 Software Maintenance and $22,000 to come from
81700 Infrastructure Improvements

Ordinance: Pursuant to § 5-84 Special purchase procedures. A/ (4) Sole-source procurements,
where the proposed purchase is manufactured by only one company.

The Administrative Services Division, and the Purchasing Department respectfully request your approval
of this contract.

Regards,

Kelly Parkinson

Purchasing Manager

Ce: K Kleiner
J Graziano

City of Nashua

Information Technology Department (603) 589-3300
Administrative Services Division Fax (603) 594-3434
229 Main Street - Nashua, NH 03060

To: Mayor Donchess
Finance Committee

Date: May 4, 2021

Re: Annual Software Maintenance

This request is for the 1-year renewal required for the continued operation of Cartegraph.
Funding is split 80% IT and 20% DPW Waste Water Treatment Facility.

Funding: IT Software Maintenance 22.1.500 — 54407 for $88,000
WWTE Software 69.6200.950-81700-1040.69.18.30-71228 for $22,000.

Kimberly Kleiner
Administrative Services Division Director

Ce: K. Parkinson

Board of Aldermen — 11/28/17 Page 17

O-17-050

Endorser: Alderman Tom Lopez

ESTABLISHING A TWO-HOUR PARKING TIME LIMIT ON QUINCY STREET
Given its second reading;

MOTION BY ALDERMAN LOPEZ FOR FINAL PASSAGE OF O-17-050
MOTION CARRIED

Ordinance O-17-050 declared duly adopted.

O-17-051
Endorsers: Alderman Tom Lopez
Alderman-at-Large Lori Wilshire
Alderman Ben Clemons
Alderman Richard A. Dowd
ADDING ADDITIONAL STREETS TO THE OVERNIGHT ON-STREET PARKING PROGRAM
TEMPORARILY
Given its second reading;

MOTION BY ALDERMAN LOPEZ TO AMEND O-17-051 BY REPLACING IT WITH THE GOLDENROD
COPY PROVIDED WITH THE AGENDA
MOTION CARRIED

MOTION BY ALDERMAN LOPEZ FOR FINAL PASSAGE OF O-17-051 AS AMENDED
MOTION CARRIED

Ordinance O-17-051 declared duly adopted as amended.

O-17-052
Endorsers: Mayor Jim Donchess
Alderman June M. Caron
Alderman-at-Large Lori Wilshire
Alderman Tom Lopez
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman-at-Large Brian McCarthy
AUTHORIZING FREE HOLIDAY PARKING AT METERS IN ZONE 3 WHICH INCLUDES THE ELM
STREET AND HIGH STREET PARKING GARAGES, FROM DECEMBER 10, 2017 THROUGH
JANUARY 1, 2018
Given its second reading;

MOTION BY ALDERMAN CARON TO AMEND O-17-052 BY REPLACING IT WITH THE GOLDENROD
COPY PROVIDED WITH THE AGENDA
MOTION CARRIED

MOTION BY ALDERMAN CARON FOR FINAL PASSAGE OF O-17-052 AS AMENDED
MOTION CARRIED

Ordinance O-17-052 declared duly adopted as amended.

Cartegraph

3600 Digital Dr, Dubuque, lowa, 52003, United States .
Phone: 563-556-8120 Fax: 563-556-8149 Invoice Number | BD0002365
www.Cartegraph.com
achremit@cartegraph.com Invoice Date 5/4/2021
End User
Document Type Invoice
Billing Address Shipping Address
Ann Surwell City of Nashua
Accounts Payable 229 Main Street
City of Nashua Nashua, New Hampshire 03061-2019
229 Main Street United States
P.O. Box 2019
Nashua. New Hampshire 03061-2019
United States
PO / Contract Payment Terms Due Date Invoice Notes
PA2904 Net 30 Days 6/3/2021
Product Name Term Start Term End Quantity Unit Price Tax Net Value
Date Date Value
1 | OMS Plus 7/29/2021 7/28/2022 1 $18,000.00 $0.00 $18,000.00
2 | Facilities Domain 7/29/2021 7/28/2022 1 $7,500.00 $0.00 $7,500.00
3 | Parks & Recreation 7/29/2021 7/28/2022 1 $4,000.00 $0.00 $4,000.00
Domain
4 | Transportation Domain 7/29/2021 7/28/2022 1 $7,500.00 $0.00 $7,500.00
5 | Sanitary Sewer 7/29/2021 7/28/2022 1 $7,500.00 $0.00 $7,500.00
Domain
6 | Signal Domain 7/29/2021 7/28/2022 1 $5,000.00 $0.00 $5,000.00
7 | Stormwater Domain 7/29/2021 7/28/2022 1 $7,500.00 $0.00 $7,500.00
8 | Walkability Domain 7/29/2021 7/28/2022 1 $0.00 $0.00 $0.00
9 | Wastewater Treatment 7/29/2021 7/28/2022 1 $7,500.00 $0.00 $7,500.00
Plant Domain
1 | Water Distribution 7/29/2021 7/28/2022 1 $7,500.00 $0.00 $7,500.00
Q | Domain
1 | Water Treatment Plant 7/29/2021 7/28/2022 1 $7,500.00 $0.00 $7,500.00

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Product Name Term Start Term End Quantity Unit Price Tax Net Value
Date Date Value
1 Domain
1 | Asset Builder 7/29/2021 7/28/2022 1 $1,500.00 $0.00 $1,500.00
2
1 | Internal Requests 7/29/2021 7/28/2022 1 $0.00 $0.00 $0.00
3
1 | Integration Toolkit 7/29/2021 7/28/2022 1 $2,500.00 $0.00 $2,500.00
1 | Scenario Builder 7/29/2021 7/28/2022 1 $2,500.00 $0.00 $2,500.00
1 | OMS User 7/29/2021 7/28/2022 100 $240.00 $0.00 $24,000.00
6
1 | On-Premise Fee 7/29/2021 7/28/2022 1 $0.00 $0.00 $0.00
7
$110,000.00
Net Total
Tax Total $0.00
Invoice Total $110,000.00
GO GREEN:

GO GREEN: For your convenience, we do accept ACH/EFT payments. If you have any questions about
your software agreement, service invoicing and setting up electronic payments, please contact Mary Jo at
800.688.2656, ext. 3312 or maryjosmock@cartegraph.com. For renewal invoice questions, please contact
Stacy at 800.688.2656, ext. 3334 or stacyloney@cartegraph.com at 800.688.2656, ext. 5298 or. Credit
card payments: http://www.Cartegraph.com/Payments Please note the invoice # from above with payment.
Accounts that are past due will be assessed a monthly 1.5% finance charge retroactive from the invoice
date.

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City of Nashua

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

May 13, 2021
Memo #21-116

TO: Mayor Donchess
Finance Committee

SUBJECT: Wastewater Pump Station Phase 1 Upgrades Change Order #2 in the amount not to
exceed $27,235.18 funded from accounts 81700 Infrastructure Improvements

Please see attached communications from David Boucher, Superintendent of the Wastewater Department,
dated April 29, 2021 for project specific details related to this purchase. Below please find a summary of
the purchase approval request:

Item: Change Order #2 for the Wastewater Pump Station Phase 1 Upgrades
Value: not to exceed $27,235.18
Original contract approved 4/3/19 under Finance Memo 19-137

Change Value Project Total
Original Contract Value $3,469,550.00
Change Order #1 $14,610.28 $3,484,160.28
Change Order #2 $27,235.18 $3,511,395.46
Vendor: DeFelice Corporation

Department: 169 Wastewater
Source Fund: 81700 Infrastructure Improvements

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.

The Board of Public Works (4/29/21 BPW meeting), Division of Public Works: Wastewater, and the
Purchasing Department respectfully request your approval of this contract.

Regards,
Kelly Parkinson

Purchasing Manager

Ce: D Boucher
C O'Connor

To:

From:

Re:

B. Motion:

Attachment:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: April 29, 2021

David L. Boucher, Superintendent
Wastewater Department

CO2 to the Wastewater Pump Station Upgrades Phase I project

To approve Change Order 2 to the Pump Station Upgrades Phase I contract with DeFelice
Corporation of Dracut, MA in an amount not to exceed $27,235.18 for additional
electrical upgrades needed at Newton pump station. Funding will be through Department
169-Wastewater; Fund: SRF Loan; Activity: Pump Station Upgrades Phase I.

Change Order 2

The Pump Station Upgrades Phase I project is for renovations to 6 of the 13-pump station
in the City. The project was awarded to the DeFelice Corporation in April 2019 for
$3,469,550. Change order I for $14,610.28 for various changes outside the scope of the
project was approved in January 2021 bringing the new contract amount to

$3,484, 160.28. This change order is for additional electrical work needed at Newton
Pump Station for $27,235.18 with a new contract total of $3,511,395.46.

Change Order 2 is for additional trenching, conduit and wire associated with a new tie-in
to 3-phase power at a new pole installed by Eversource at Newton Drive Pump Station.
This new pole location is approximately 300 feet further from the original pole location.
Although Eversource did evaluate the available power during the design phase, they did
not inform us that the power was not correct at the existing nearby power pole. The cost
for DeFelice Corporation to trench, install conduit and wire from the new power pole
location comes to $27,235.18.