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NASHUA POLICE
TMENT Date: 9 August 2016

intradepartmental Communication

To: Dan Kooken, Purchasing Manager
From: Karen A. Smith, Business Manager

Subject: Nashua Police Department ammunition and supplies

This request is for the purchase of the following ammunition and supplies. The state contract #8001897
has been awarded to Eagle Point Gun/TJ Morris &Son effective 9/14/15 — 9/30/17.

MANUFACTURER | MODEL CALIBER | DESCRIPTION | QUANTITY COST
FEDERAL AE223 223 CAL. | 55 GRN 54,000 RNDS | 515,543.36
FEDERAL LE308TT2 .308 CAL | 168 GRN 4000 RNDS | $5,478.40
FEDERAL LE223T3 223 CAL 62 GRN 7000 RNDS $8,213.45
FEDERAL BC223NTSA | .223 CAL 55 GRN 3000 RNDS $2,301.90
TOTAL $31,537.11

The Nashua Police Department recommends purchasing the ammunition order from Eagle Poini/TJ
Morris & Son of Thorofare, NJ under the state contract.

Sincerely,

Lio Ab

Karen A. Smith
Business Manager

B\ THE CITY OF NASHUA ee

Financial Services

Purchasing Department

August 11, 2016
Memo #17-029

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: | SNOW PLOWING CONTRACT - CITY PARKING LOTS (VALUE: NOT TO EXCEED
$26,000)
DEPARTMENT: 183 ECONOMIC DEVELOPMENT; FUND: PARKING GENERAL FUND
ACCOUNT CLASSIFICATION: 54 PROPERTY SERVICES

Please see attached communication from Tim Cummings, Director of Economic Development dated
August 2, 2016 for the information related to this purchase.

The Director of Economic Development and the Purchasing Department recommend awarding this
contract in an amount not to exceed $26,000 to Doty Group of Hollis, NH.

Dan Kooken
Purchasing Manager

Ce: TCummings J Graziano

229 Main Street e Nashua, New Hampshire 03061 © Phone (603) 589-3330 e Fax (603) 589-3344

S) THE CITY OF NASHUA “The Gate City”

Economic Development Division

To: Dan Kooken, Purchasing Manager
From: Tim Cummings, Economic Development Division Director
Ce: Janet Graziano, Financial Manager, Sarah Marchant, Community Development Director

Date: August 2, 2016

Re: FY’17 Snow Plowing Services Contract (Value not to exceed $26,000)
Department: 166 Parking

Request ;
The Economic Development Division is requesting approval to contract with The Doty Group, Inc. of

Hollis, New Hampshire for snow plowing and optional snow removal services in the amount not to
exceed $26,000.

Service Area
The contract’s service area is the 15 parking lots under the responsibility of the Parking Department, as

specified attached hereto in the contract's scope of work.

Deliverable
The contractor intends to provide snow plowing services through May 15, 2017. The Parking Department

Maintenance Staff will provide axillary salt and sanding services and the Department of Public Works
provides forthe removal of snow on an as-needed basis.

RFP Background

For FY°17 The Parking Department went out to bid in an effort to learn what potential contractors could
offer as a rate for snow plowing and snow removal services for the abovementioned parking lots. The
RFP was posted on the City website under [FB0862-072916 in June 2016 and sent to 15 known snow

plowing contractors,

Only one bid was received and it was from The Doty Group, Inc.:

Doty Group Price/hr.
Plow Truck $75/hr.
Plow Truck with Dump Bed $85/hr,
Hyundai Bucket Front Loader $125/hr.
Tri-Axle Dump Trailer (20 yd.) $125/hr.
Tri-Axle Dump Trailer (30 yd.) $143/hr.

’ The Doty Group, Inc. is a reputable and responsible company. The City of Nashua has used them
successfully during the previous five (5) winters.

The Doty Group has also given Nashua the same pricing as they used last year.

Subject: Snow Plowing Agreement

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

GENERAL PROVISIONS
lL. IDENTIFICATION.

THIS AGREEMENT (the “Agreement”) dated as of August 02, 2016 (the “Effective Date”), is
between the CITY OF NASHUA, NEW HAMPSHIRE, c/o of the Transportation Department,
1} Riverside Street, Nashua NH 03060, a New Hampshire municipal corporation, phone: 603-
880-0100 ext. 3 (“City”), and THE DOTY GROUP, INC, 26 Plain Road, Hollis, NH 03049
Phone: (603) 465-6623 (“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: Lawrence Doty
Title: President

Address: 26 Plain Road
Hollis NH 03049
Tel: 603-396-7409

Email: LDLDLDLD17@hotmail.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: Daniel Kooken
Title: Purchasing Manager
Address: 229 Main Street
Nashua, NH 03060
Tel: 603-589-3333

Email: kookend(@nashuanh.gov

4. SCOPE OF WORK

Services shall include, snow plowing and removal services. Snow plowing services shall be
conducted within one hour after accumulation of snow greater than three (3) inches. Contractor
must be available for snow removal services on an as-needed basis to be determined by the
Parking Department Foreman. 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.

5. TERM & EXTENSION

This agreement will be from the date approved by the City of Nashua Purchasing Department
and terminating on May 15, 2017. 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.

6. 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
e 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.

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:
¢ Acopy of current motor vehicle registrations
e Acopy ofall operators’ current drivers’ licenses
e The Transportation 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 Department Foreman or person designated by said
Manager of the Division. ~

1. $85.00/hr Ford 6 wheel dump (F450/F550)
2. $75.00/hr Ford 4 wheel flatbed (F250/F350)
3. $125/hr Front end loader with 2 yd. bucket
4. $125/hr —s Tri-axle dump trailer (20 yds.)

5. $145/hr — Tri-axle dump trailer (30 yds.)

‘Exhibit A
Lot Locations
LOCATIONS
| City Hall Lot
2 Maple Street Lot
3 Garden Street & Lot

9,

10.

4 School Street Lot

5 High Street Lot

6 Factory Street Lot

7 Water Street Lot

8 Le Parc Renaissance Lot
9 Railroad Square Lot

10 Pearson/Park Avenue Lot
It Library Lot

12 Library Annex Lot

13 Spring Lot

14 Senior Center Lot (west side)
15 Conway Arena 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 Parking Department’s satisfaction.

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

GENERAL REQUIREMENTS FOR SNOW PLOWING SERVICES

Ko

Contractor shall ensure that all equipment used ts 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, will be
scheduled directly by the Parking Department Foreman 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
Foreman, 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 Foreman immediately.

Snow removal operations will be at the discretion and scheduled directly by the
Department. The contractor should have the proper equipment available to load the

10.

12.

13.

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 14 (fourteen) 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 Foreman 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 work. It shall in no way, be relieved of its responsibilities by
any right of the Parking Foreman 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
Foreman 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 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*

1. SPRING STREET LOT

2. SENIOR CENTER LOT
3. LIBRARY LOT

4. LIBRARY LOT ANNEX
5. CITY HALL LOTS

6. GARDEN STREET & LOT

7, LEPARK RENAISSANCE LOT
8. WATER STREET LOT

9. PEARSON/PARK AVE. LOT
10. FACTORY STREET LOT

lL. RAILROAD SQAURE LOT

12. MAPLE STREET LOT

13. SCHOOL STREET LOT

14. HIGH STREET LOT (55 Tax))

. CONWAY ARENA LOT

*Subject to Change.

11. 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.

12. 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. 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.

14. NO WAIVER.

Failure or forbearance by any Party to exercise any of its rights 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 right or remedy resulting from such failure to
perform unless it has made such waiver specifically in writing.

15. 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 WHEREOPF, 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:

THE DOTY GROUP, INC.

By: , duly
authorized

Signature:

Title:

Date: