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Finance Committee - Agenda - 2/17/2021 - P252

By dnadmin on Mon, 11/07/2022 - 13:48
Document Date
Fri, 02/12/2021 - 11:32
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/17/2021 - 00:00
Page Number
252
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__021720…

3. Place no further orders or sub-contracts for materials, services, or facilities, other than
as may be necessary or required for completion of such portion of work under the
contract that is not terminated.

4. Immediately make every reasonable effort to obtain cancellation upon terms
satisfactory to the City of Nashua of all orders or sub contracts to the extent they relate
to the performance of work terminated, abandoned, or suspended under the notice,
assign to the City of Nashua any orders or sub contracts specified in the notice, and
revoke agreements specified in the notice.

5. Not resume work after the effective date of a notice of termination unless and until
receipt of a written notice from the City of Nashua to resume performance.

In the event of a termination for cause, Professional Engineer shall receive all amounts due and
not previously paid to Professional Engineer for work satisfactorily completed in accordance with
the contract prior to the date of the notice, less all previous payments. No amount shall be
allowed or paid for anticipated profit on unperformed services or other unperformed work. Any
such payment may be adjusted to the extent of any additional costs occasioned to the City of
Nashua by reasons of Professional Engineer's failure. Professional Engineer shall not be relieved
of liability to the City of Nashua for damages sustained from the failure, and the City of Nashua
may withhold any payment to the Professional Engineer until such time as the exact amount of
damages due to the City of Nashua is determined. All claims for payment by the Professional
Engineer must be submitted to the City of Nashua within 30 days of the effective date of the
notice of termination.

If after termination for the failure of Professional Engineer to adhere to any of the terms and
conditions of the contract or for failure to satisfactorily, in the sole opinion of the City of Nashua,
to complete or make sufficient progress on the work in a timely and professional manner, it is
determined that Professional Engineer had not so failed, the termination shall be deemed to have
been a termination at will. In that event, the City of Nashua shall, if necessary, make an
adjustment in the compensation paid to Professional Engineer such that Professional Engineer
receives total compensation in the same amount as it would have received in the event of a
termination-at-will.

C. GENERAL PROVISIONS FOR TERMINATION Upon termination of the contract, the City of
Nashua may take over the work and prosecute it to completion by agreement with another party
or otherwise. In the event Professional Engineer shall cease conducting business, the City of
Nashua shall have the nght to solicit applications for employment from any employee of the
Professional Engineer assigned to the performance of the contract.

Neither party shall be considered in default of the performance of its obligations hereunder to the
extent that performance of such obligations is prevented or delayed by any cause, existing or
future, which is beyond the reasonable control of such party. Delays arising from the actions or
inactions of one or more of Professional Engineer's principals, officers, employees, agents,
subcontractors, consultants, vendors, or suppliers are expressly recognized to be within
Professional Engineer's control.

DISPUTE RESOLUTION _ The parties shall attempt to resolve any dispute related to this contract
as follows. Either party shall provide to the other party, in writing and with full documentation to
verify and substantiate its decision, its stated position concerning the dispute. No dispute shall be
considered submitted and no dispute shall be valid under this provision unless and until the
submitting party has delivered the written statement of its position and full documentation to the
other party. The parties shall then attempt to resolve the dispute through good faith efforts and
negotiation between the City of Nashua Representative and a Professional Engineer
Representative. At all times, Professional Engineer shall carry on the work under this contract
and maintain and complete work in accordance with the requirements of the contract or
determination or direction of the City of Nashua. If the parties are unable to resolve their dispute
as described above within 30 days, the parties may request that the dispute be submitted to the

GC 5 of 11

Page Image
Finance Committee - Agenda - 2/17/2021 - P252

Finance Committee - Agenda - 2/17/2021 - P253

By dnadmin on Mon, 11/07/2022 - 13:48
Document Date
Fri, 02/12/2021 - 11:32
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/17/2021 - 00:00
Page Number
253
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__021720…

10.

11.

Board of Public Works for resolution. If the parties are dissatisfied with the decision of the Board
of Public Works, the parties’ reserve the nght to pursue any available legal and/or equitable
remedies for any breaches of this contract except as that right may be limited by the terms of this
contract.

NO DAMAGES FOR DELAY Apart from a written extension of time, no payment, compensation,
or adjustment of any kind shall be made to Professional Engineer for damages because of
hindrances or delays in the progress of the work from any cause, and Professional Engineer
agrees to accept in full satisfaction of such hindrances and delays any extension of time that the
City of Nashua may provide.

INSURANCE Professional Engineer 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;
> $1,000,000 Combined Single Limit Automobile Liability;
*Coverage must include all owned, non-owned and hired vehicles.
> $1,000,000 Profession Liability;
> and Workers' Compensation Coverage in compliance with the State of New
Hampshire statutes, $100,000/$500,000/$ 100,000.

Professional Engineer 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 Professional Engineer are intended to and shall not in any manner limit
or qualify the liabilities and obligations assumed by Professional Engineer under this
contract. The City of Nashua shall not maintain any insurance on behalf of Professional
Engineer. Subcontractors are subject to the same insurance requirements as Professional Engineer
and it shall be the Professional Engineer’s responsibility to ensure compliance of this
requirement.

Professional Engineer 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 of Nashua 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 and Auto Liability policies must

name the City of Nashua _as_an additional insured and reflect on the certificate of
insurance. Professional Engineer 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, Professional Engineer 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 Professional Engineer of its
responsibilities or limit the amount of its liability to the City of Nashua or other
persons, and Professional Engineer 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.

GC 6 of 11

Page Image
Finance Committee - Agenda - 2/17/2021 - P253

Finance Committee - Agenda - 2/17/2021 - P254

By dnadmin on Mon, 11/07/2022 - 13:48
Document Date
Fri, 02/12/2021 - 11:32
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/17/2021 - 00:00
Page Number
254
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__021720…

12.

13.

14.

15.

>» Professional Engineer is responsible for and required to remedy all damage or loss to any
property, including property of the City of Nashua, caused in whole or part by
Professional Engineer or anyone employed, directed, or supervised by Professional
Engineer.

INDEMNIFICATION Regardless of any coverage provided by any insurance, Professional Engineer
agrees to indemnify and shall defend and hold harmless the City of Nashua, its agents, officials,
employees and authorized representatives and their employees from and against any and all suits,
causes of action, legal or administrative proceedings, arbitrations, claims, demands, damages,
liabilities, interest, attorney’s fees, costs and expenses of any kind or nature in any manner
caused, occasioned, or contributed to in whole or in part by reason of any negligent act, omission,
or fault or willful misconduct, whether active or passive, of Professional Engineer or of anyone
acting under its direction or control or on its behalf in connection with or incidental to the
performance of this contract. Professional Engineer’s indemnity, defense and hold harmless
obligations, or portions thereof, shall not apply to liability caused by the sole negligence or
willful misconduct of the party indemnified or held harmless.

This indemnification provision of the General Conditions is modified by the parties hereby only
insofar as (1) the Professional Engineer shall have no upfront duty to defend the City; however,
the Professional Engineer shall reimburse defense costs of the City to the same extent of the
Professional Engineer’s indemnity obligation under the Agreement; and (2) the Professional
Engineer’s indemnity and hold harmless obligation is only to the proportionate extent of
Professional Engineer’s negligence and shall not apply to liability caused by the negligence of the
City.

FISCAL CONTINGENCY All payments under this contract are contingent upon the availability to
the City of Nashua of the necessary funds. This contract shall terminate and the City of Nashua's
obligations under it shall be extinguished at the end of any fiscal year in which the City of Nashua
fails to appropriate monies for the ensuing fiscal year sufficient for the performance of this
contract.

Nothing in this contract shall be construed to provide Professional Engineer with a night of
payment over any other entity. Any funds obligated by the City of Nashua under this contract
that are not paid to Professional Engineer shall automatically revert to the City of Nashua’s
discretionary control upon the completion, termination, or cancellation of the agreement. The
City of Nashua shall not have any obligation to re-award or to provide, in any manner, the
unexpended funds to Professional Engineer. Professional Engineer shall have no claim of any sort
to the unexpended funds.

COMPENSATION Review by the City of Nashua of Professional Engineer's submitted monthly
invoice forms and progress reports for payment will be promptly accomplished by the City of
Nashua. If there is insufficient information, the City of Nashua may require Professional
Engineer to submit additional information. Unless the City of Nashua, in its sole discretion,
decides otherwise, the City of Nashua shall pay Professional Engineer in full within 30 days of
approval of the submitted monthly invoice forms and progress reports.

COMPLIANCE WITH APPLICABLE LAWS Professional Engineer, at all times, shall fully and
completely comply with all applicable local, state and federal laws, statutes, regulations,
ordinances, orders, or requirements of any sort in carrying out the obligations of this contract,
including, but not limited to, all federal, state, and local accounting procedures and requirements,
all immigration and naturalization laws, and the Americans With Disabilities Act. Professional
Engineer shall, throughout the period services are to be performed under this contract, monitor for
any changes to the applicable laws, statutes, regulations, ordinances, orders, or requirements,
shall promptly notify the City of Nashua in writing of any changes to the same relating to or

GC 7 of 11

Page Image
Finance Committee - Agenda - 2/17/2021 - P254

Finance Committee - Agenda - 2/17/2021 - P255

By dnadmin on Mon, 11/07/2022 - 13:48
Document Date
Fri, 02/12/2021 - 11:32
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/17/2021 - 00:00
Page Number
255
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__021720…

16.

17.

18.

19.

affecting this contract, and shall submit detailed documentation of any effect of the change in
terms of both time and cost of performing the contract.

NONDISCRIMINATION If applicable or required under any federal or state law, statute, regulation,
order, or other requirement, Professional Engineer agrees to the following terms. Professional
Engineer will not discriminate against any employee or applicant for employment because of
physical or mental handicap in regard to any position for which the employee or applicant for
employment is qualified. Professional Engineer agrees to take affirmative action to employ,
advance in employment, or to otherwise treat qualified, 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, Professional Engineer'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.

Professional Engineer 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 Professional Engineer under this contract.

In connection with the performance of work under this contract, Professional Engineer 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.

Professional Engineer 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 Professional Engineer shall constitute a material breach of the contract.

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

ASSIGNMENT, TRANSFER, DELEGATION, OR SUBCONTRACTING Professional Engineer 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 Professional Engineer related to this contract shall be subject to
inspection, examination and audit by the City of Nashua, including, but not limited to, the

GC 8 of 11

Page Image
Finance Committee - Agenda - 2/17/2021 - P255

Finance Committee - Agenda - 2/17/2021 - P256

By dnadmin on Mon, 11/07/2022 - 13:48
Document Date
Fri, 02/12/2021 - 11:32
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/17/2021 - 00:00
Page Number
256
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__021720…

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 Professional
Engineer 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 Professional
Engineer's expense, by Professional Engineer to the City of Nashua upon completion,
termination, or cancellation of this contract. Alternatively, if the City of Nashua provides its
written approval to Professional Engineer, 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 Professional
Engineer in the performance of its obligations under this contract must be retained by
Professional Engineer 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 Professional Engineer shall promptly remit and
deliver the materials, at Professional Engineer's expense, to the City of Nashua. Professional
Engineer shall not use, willingly allow or cause to have such materials used for any purpose other
than the performance of Professional Engineer's obligations under this contract without the prior
written consent of the City of Nashua.

PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS Professional Engineer expressly agrees
that all documents ever submitted, filed, or deposited with the City of Nashua by Professional
Engineer (including those remitted to the City of Nashua by Professional Engineer 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 Professional Engineer 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 Professional Engineer. The City of Nashua shall have the right to reproduce any
such materials.

Professional Engineer expressly and indefinitely waives all of its nghts 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. Professional Engineer
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 Professional Engineer infringes any copyright or that any equipment,
material, or process (or any part thereof) specified by Professional Engineer infringes any patent.

Professional Engineer 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.

GC 9 of 11

Page Image
Finance Committee - Agenda - 2/17/2021 - P256

Finance Committee - Agenda - 2/17/2021 - P257

By dnadmin on Mon, 11/07/2022 - 13:48
Document Date
Fri, 02/12/2021 - 11:32
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/17/2021 - 00:00
Page Number
257
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__021720…

22.

23.

24.

25.

26.

FINAL ACCEPTANCE Upon completion of all work under the contract, Professional Engineer
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 Professional Engineer in writing that the whole of the work was
completed on the date indicated in the notice or provide Professional Engineer with a written list
of work not completed. With respect to work listed by the City of Nashua as incomplete,
Professional Engineer 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 Professional Engineer 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. Professional Engineer 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 Professional Engineer 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. Professional Engineer 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 Professional Engineer. If any such interest comes to the attention of
Professional Engineer at any time, a full and complete disclosure of the interest shall be
immediately made in writing to the City of Nashua. Professional Engineer 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. Professional Engineer 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 Professional Engineer (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, Professional Engineer shall refund to the City of Nashua any profits realized under
this contract, and Professional Engineer 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.

Professional Engineer warrants that no gratuities (including, but not limited to, entertainment or
gifts) were offered or given by Professional Engineer 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

GC 10 of 11

Page Image
Finance Committee - Agenda - 2/17/2021 - P257

Finance Committee - Agenda - 2/17/2021 - P258

By dnadmin on Mon, 11/07/2022 - 13:48
Document Date
Fri, 02/12/2021 - 11:32
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/17/2021 - 00:00
Page Number
258
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__021720…

27.

28.

29.

30.

31.

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 nights or remedies available to the City of Nashua under this contract or at law.

THIRD PARTY INTERESTS AND LIABILITIES The City of Nashua and Professional Engineer,
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 Professional Engineer.

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 Professional Engineer. 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 Southem Judicial District or in
the New Hampshire 9th Circuit Court—Nashua and not elsewhere.

GC 11 of 11

Page Image
Finance Committee - Agenda - 2/17/2021 - P258

Finance Committee - Agenda - 2/17/2021 - P259

By dnadmin on Mon, 11/07/2022 - 13:48
Document Date
Fri, 02/12/2021 - 11:32
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/17/2021 - 00:00
Page Number
259
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__021720…

City of Nashua

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

February 10, 2021
Memo #21-080

TO: Mayor Donchess
Finance Committee

SUBJECT: Parking Study for the Elm & High Street Garages in the amount not to exceed $40,845 funded from
account 55699 Other Contracted Services and 53142 Consulting Services

Please see attached communications from Tim Cummings, Director of Economic Development, dated February 5,
2021 for project specific details related to this purchase. Below please find a summary of the purchase approval
request:

Item: Parking Study: Repairs Evaluation & Maintenance Plan for the Elm St & High St Garages
Value: $40,845
Vendor: Thornton Tomasetti of Portland ME

Department: 166 Parking
Source Fund: 55699 Other Contracted Services for $31,100 and 53142 Consulting Services for $9,745

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.

A competitive bidding RFP for this project was issued on September 24, 2019 and the following bids were received:

Vendor Location Amount Note

The H.L. Turner Group Concord, NH $29,460

Desman Design Management | Boston, MA $35,000 Bid was rejected as non-conforming due to
omission of material testing

Hoyle Tanner Manchester, NH $37,075

Thornton Tomasetti Inc Portland, ME $40,845 Original bid was $48,440. Final cost adjusted
due to adjustment of requirements

Walker Consultants Nashua, NH $44,200

DuBois & King Inc Bedford, NH $69,504

We recommend this bid to be awarded to the vendor who best met the RFP specified requirements and presented
the best overall quality proposal.

The Economic Development Division:Parking Department, and the Purchasing Department respectfully request your
approval of this contract.

Regards,
Kelly Parkinson

Purchasing Manager

Ce: T Cummings
J Graziano

Page Image
Finance Committee - Agenda - 2/17/2021 - P259

Finance Committee - Agenda - 2/17/2021 - P260

By dnadmin on Mon, 11/07/2022 - 13:48
Document Date
Fri, 02/12/2021 - 11:32
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/17/2021 - 00:00
Page Number
260
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__021720…

| THE CITY OF NASHDA
Economic Development Division — Parking Department
Office of the Mayor

TO: Kelly Parkinson, Purchasing Manager
FROM: Tim Cummings, Director of Economic Development
DATE: February 5, 2021

SUBJECT: Downtown Parking Study (Value: $40,845.00)

The Economic Development Division is requesting approval to contract with Thornton
Tomasetti, Inc., of Portland, ME for an existing conditions study of the Elm and High Street
parking garages in the amount not to exceed $40,845.00.

In response to the request for proposal RFP0657-102519, Repairs, Evaluation & Maintenance
Plan for Municipal Garages Study that was released on September 24, 2019, the City received
proposals from six firms. Four firms were interviewed by a team of City personnel which
consisted of members from the Economic Development Division and Parking Department,
Planning and Building Departments, Risk Department, and Engineering Department. After a
thorough review of the proposals, interviews, and careful consideration the team recommended
the selection of Thornton Tomasetti for the existing conditions study of the Elm and High Street
parking garages. The funding for this study will be coming from the Parking Operations Escrow
account in the amount of $31,100 and the remaining amount of $9,745 will be funded out of the
Parking Expenditures Trust account.

The contract’s service area will encompass both the Elm Street and High Street parking garages.
Thornton Tomasetti shall perform all work in accordance to the attached contract including
Exhibit A — General Conditions for Contracts along with all of the services listed on Exhibit B —
Scope of Services, Contract Time, and Fee Schedule. The study will last approximately one to
two months and is the final report is scheduled to be completed by May 1, 2021.

Thank You.

229 Main Street, Suite 234 * Nashua, New Hampshire 03060 * Phone (603) 589-3205

Page Image
Finance Committee - Agenda - 2/17/2021 - P260

Board Of Aldermen - Minutes - 9/12/2017 - P23

By dnadmin on Sun, 11/06/2022 - 21:54
Document Date
Tue, 09/12/2017 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Minutes
Meeting Date
Tue, 09/12/2017 - 00:00
Page Number
23
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_m__091220…

Board of Aldermen — 9/12/17 Page 23
NOMINATIONS, APPOINTMENTS AND ELECTIONS
Appointments by the Mayor
The following Appointments by the Mayor were read into the record:
Business & Industrial Development Authority
Deborah Novotny (New Appointment) Term to Expire: September 30, 2018
65 McKenna Drive
Nashua, NH 03062
Cultural Connections Committee
Dominque Boutaud (New Appointment) Term to Expire: September 30, 2020
91 Bartemus Trail
Nashua, NH 03063
Nashua Airport Authority
Farrelll T. Woods (Reappointment) Term to Expire: August 31, 2022
162 Bush Hill Road
Hudson, NH 03051
Sandra Cushing-Adams (Reappointment) Term to Expire: August 31, 2018
5 Scarborough Drive
Nashua NH 03063
Planning Board
Daniel Kelly (Reappointment) Term to Expire: March 31, 2020
9 Lilac Court
Nashua, NH 03062
MOTION BY ALDERMAN CLEMONS TO ACCEPT THE APPOINTMENTS BY THE MAYOR AS
READ AND REFER THEM TO THE PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE
MOTION CARRIED
REPORTS OF COMMITTEE
Budget Review Committee... cccccccccccecccsteseeeeeeeeeeeeestseeeeees 08/28/17

There being no objection, President McCarthy declared the report of the August 28, 2017, Budget Review
Committee accepted and placed on file.

Budget Review Committee. ..............cccccccccccccccccsttteeeeeeeeeeeetstseeeeess 09/05/17

There being no objection, President McCarthy declared the report of the September 5, 2017, Budget Review
Committee accepted and placed on file.

Finance Committee. 20.0.0... cccccccececececceeeceeeeececaececaeeeeaeeeraneettaneetaness 08/16/17

There being no objection, President McCarthy declared the report of the August 16, 2017, Finance Committee
accepted and placed on file.

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Board Of Aldermen - Minutes - 9/12/2017 - P23

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