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Subject: Snow Plowing Agreement

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

GENERAL PROVISIONS
1. IDENTIFICATION.

THIS AGREEMENT (the “Agreement”) dated as of (the “Effective Date”), is
between the CITY OF NASHUA, NEW HAMPSHIRE, c/o of the Parking Department, 229 Main
Street, Nashua NH 03060, a New Hampshire municipal corporation, phone: 603-589-3106
(“City”), and The Doty Group, Merrimack, NH Phone: (603) 490-0103 (“Contractor”). Each of
City and Contractor are sometimes referred to herein as a “Party” and collectively as the “Parties”.

2. CONTRACTOR CONTRACT MANAGER

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

Contract Manager: Nathan Doty
Title: Vice President
Address: 26 Plan Road, Hollis, NH 03049
Tel: 603-490-0103

Email: contactthedotygroup@gmail.com

3. CITY PURHCASING MANAGER

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

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

Email: Parkingsonk(@nashuanh. gov

4.

7.

SCOPE OF WORK

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

TERM & EXTENSION

This agreement will be from the date approved by the City of Nashua Purchasing Department
and terminating on May 15, 2022. This agreement may be extended for additional periods
under the same terms, conditions and pricing structure upon the written agreement of the
Contractor and the City of Nashua, NH.

DAMAGE

A. The Contractor agrees to indemnify and hold the City of Nashua, NH harmless from any
and all liability, claims, and actions of whatever kind arising out of injuries or damage
caused, arising from, resulting or due to its performance of its snow plowing services.

B. The Contractor agrees that any damage to building(s), materials, equipment or other
property caused, arising from, resulting or due to its performance of the snow plowing
service will be repaired or replaced at its sole expense.

INSURANCE

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

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

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

Board of Aldermen — 9/12/17 Page 43

UNFINISHED BUSINESS — ORDINANCES

O-17-040
Endorsers: Mayor Jim Donchess
Alderman-at-Large Michael B. O’Brien, Sr.
Alderwoman Mary Ann Melizzi-Golja
Alderman-at-Large Lori Wilshire
AUTHORIZING PAYMENT OF PROPERTY TAXES BY CREDIT OR DEBIT CARD
Given its second reading;

MOTION BY ALDERMAN O’BRIEN FOR FINAL PASSAGE OF O-17-040
MOTION CARRIED

Ordinance O-17-040 declared duly adopted.
NEW BUSINESS — RESOLUTIONS

R-17-125
Endorsers: Mayor Jim Donchess
Alderman Richard A. Dowd
ESTABLISHING THE USE OF FUND BALANCE FOR TAX RATE
Given its first reading; assigned to the BUDGET REVIEW COMMITTEE by President McCarthy

R-17-126
Endorsers: Mayor Jim Donchess
Alderman Tom Lopez
Alderman June M. Caron
Alderwoman Mary Ann Melizzi-Golja
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Richard A. Dowd
Alderman-at-Large Lori Wilshire
ESTABLISHING AN EXPENDABLE TRUST FUND TO ACCEPT DONATIONS FOR THE
ARLINGTON STREET COMMUNITY CENTER
Given its first reading; assigned to the BUDGET REVIEW COMMITTEE by President McCarthy

R-17-127
Endorsers: Mayor Jim Donchess
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Tom Lopez
RELATIVE TO THE SUPPLEMENTAL APPROPRIATION OF $500,000 OF UNANTICIPATED
REVENUE TO THE HYDROPOWER RESERVE FUND FOR THE PURPOSE OF REPAIRING
THE TURBINE AT THE JACKSON MILLS DAM
Given its first reading; assigned to the BUDGET REVIEW COMMITTEE by President McCarthy

R-17-128
Endorsers: Alderwoman Mary Ann Melizzi-Golja
Alderman Richard A. Dowd
Alderman-at-Large Michael B. O’Brien, Sr.
AUTHORIZING THE MAYOR TO ENTER INTO THE COOPERATIVE AGREEMENT FOR
HOUSEHOLD HAZARDOUS WASTE COLLECTION WITHIN THE NASHUA, NEW HAMPSHIRE
REGION
Given its first reading; assigned to the FINANCE COMMITTEE and the BOARD OF PUBLIC WORKS by
President McCarthy

8. INSURANCE CERTIFICATES

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

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

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

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

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

6. The Contractor agrees to provide City of Nashua, NH with the services indicated in the Exhibit
A of this agreement at the prices as listed below.

Two vehicles per storm are required at the hourly rates listed below. The use of a third vehicle
must be approved by the Parking Operations Manager or person designated by said Manager.

1. $125.00/hr Ford Pick Up (F350)
$125.00/hr Ford Pick Up (F350)
$125.00/hr Ford Pick Up (F250/F350)
$135.00/hr Snow Removal Vehicle
$250.00/hr Salt/Sand Spreader Vehicle

ae we N

Lot Locations

City Hall Lots & Loading Dock
Maple Street Lot

Garden Street & Lot

School Street Lot

High Street Lot

Nn Wn Fe we N >

Factory Street Lot

9.

7. Water Street Lot

8. Le Parc Renaissance Lot

9. Railroad Square Lot

10. Pearson/Park Avenue Lot

11. Library Main Lot

12. Library Annex Lot

13. Library Employee Lot

14. Spring Street Lot

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

17. Crown Street Parking Ride Lot
18. Pine Street Ext. Lot

PAYMENTS

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

The invoice shall be sent to the address of the using agency under agreement.

10. GENERAL REQUIREMENTS FOR SNOW PLOWING SERVICES

1.

Contractor shall ensure that all equipment used is properly registered and inspected. The
City reserves the right to verify this information.

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

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

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

10.

11.

12.

13.

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

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

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

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

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

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

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

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

11.

12.

persons, corporations or property, whether said claims are for unavoidable damage or not,
and from all claims relating to labor and equipment furnished for the snow plowing work.

PARKING LOT SNOW REMOVAL PRIORITY LIST*

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

. PEARSON/PARK AVE. LOT

. FACTORY STREET LOT

. RAILROAD SQAURE LOT

. MAPLE STREET LOT

. SCHOOL STREET LOT

. HIGH STREET LOT (55 TAxt)

. CONWAY ARENA LOT

. CROWN STREET PARK AND RIDE LOT

. PINE STREET EXT. LOT

CAN ADYMS YN DS

—
— ©

Se Se Se eS eS eS
eo HW MM BW LD

* Subject to Change based on timing/duration of storm.

GOVERNING LAW

This Agreement shall be interpreted and enforced in accordance with the laws of the state of
New Hampshire, excluding any choice of law or conflicts of law rules that would result in the
application of the laws of a different jurisdiction.

SEVERABILITY.

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

13.

14.

15.

AMENDMENT.

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

NO WAIVER.

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

ENTIRE AGREEMENT.

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

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement effective as of the
Effective Date.

CITY OF NASHUA

By: — Jim Donchess, duly authorized

Signature:

Title: Mayor

Date:

Contractor:

By: Nathan Doty, The Doty Group

Signature:

Title: Authorized

Date:

City of Nashua

Purchasing Department

Administrative Services Division
229 Main Street - Nashua, NH 03060

October 27, 2021
Memo #22-182

TO: Mayor Donchess
Finance Committee

SUBJECT: Feasibility Study for the Millyard land in the amount not to exceed $100,000 funded from

accounts 53142 Consulting Services/Escrow

Please see attached communications from Tim Cummings, Director of Economic Development, dated
October 25, 2021 for project specific details related to this purchase. Below please find a summary of the

purchase approval request:

Item:

Value:
Vendor:
Department:
Source Fund:

Ordinance:

A competitive bidding RFP for this project was issued on April 26, 2021 and the following bids were

Feasibility Study/Design Services Contract for the Millyard land

not to exceed $100,000

Icon Architecture

183 Economic Development

53142 Consulting Services/Economic Development Escrow Funds

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.

received:
Vendor Location Amount Note
Marvel Design New York, NY $138,250
. Revised Bid Received 10/26/21
Icon Architecture Boston, MA $50,000 for $105,000
NBBJ Boston, MA $127,941
DMA Harvard, MA $73,500

We recommend this bid to be awarded to the lowest total cost vendor who met the RFP specified
requirements. The Economic Development Division, and the Purchasing Department respectfully request

your approval of this contract.

Regards,
Kelly Parkinson

Purchasing Manager

Ce: T Cummings
J Graziano

(603) 589-3330
Fax (603) 594-3233

THE CITY OF NASHUA “The Cate City’

Office of Economic Development

TO: Jim Donchess, Mayor

FROM: Tim Cummings, Economic Development Director

Date: October 25, 2021
RE: Approval of ICON Architecture Contract A Feasibility Study Of
Millyard Land

The enclosed documents include a contract for your approval where we will be looking to enter
into a feasibility study with ICON Architecture. The services sought focus on architectural
design services to help develop a concept plan for the remnant land leftover in the Nashua Mill
Yard owned by the city. The primary deliverable for this initiative is the development of a
concept plan on 3.5 to 4.0 acres of land. A map delineating the primary study area has been

included.

There will be a secondary deliverable in that a very high-level master plan for the ancillary
property owned by the city is also expected. The purpose of this request is to outline potential
building envelopes on the available land area. Furthermore, the City will be looking for content
that demonstrates a certain aesthetic design to act as an inspiration for future development in the
Mill Yard. This plan should act as an overall strategic plan for all the various pieces of land of

interest.

These services were competitively procured and the source of funds is from a calendar year 2021

escrow for $105,000.

THANK YOU.

229 Main Street, Suite 234 » Nashua, New Hampshire 03060 + Phone (603) 589-3070