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Finance Committee - Agenda - 12/7/2016 - P184

By dnadmin on Mon, 11/07/2022 - 09:47
Document Date
Wed, 12/07/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 12/07/2016 - 00:00
Page Number
184
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__120720…

10.

11.

as described above within 30 days, the parties may request that the dispute be submitted to the
Board of Public Works for resolution. If the parties are dissatisfied with the decision of the Board
of Public Works, the parties’ reserve the right 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 deductibies and seif-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.

GC 6 of 11

Page Image
Finance Committee - Agenda - 12/7/2016 - P184

Finance Committee - Agenda - 12/7/2016 - P185

By dnadmin on Mon, 11/07/2022 - 09:47
Document Date
Wed, 12/07/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 12/07/2016 - 00:00
Page Number
185
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__120720…

12.

13.

14.

15.

> 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.

> 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 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.

FISCAL CONTINGENCY Alli 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 right 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
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.

GC 7 of 11

Page Image
Finance Committee - Agenda - 12/7/2016 - P185

Finance Committee - Agenda - 12/7/2016 - P186

By dnadmin on Mon, 11/07/2022 - 09:47
Document Date
Wed, 12/07/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 12/07/2016 - 00:00
Page Number
186
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__120720…

16.

17.

18.

19.

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
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.

GC 8 of 11

Page Image
Finance Committee - Agenda - 12/7/2016 - P186

Finance Committee - Agenda - 12/7/2016 - P187

By dnadmin on Mon, 11/07/2022 - 09:47
Document Date
Wed, 12/07/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 12/07/2016 - 00:00
Page Number
187
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__120720…

20. DISPOSITION OF CONTRACT MATERIALS Any books, reports, studies, photographs, negatives or

21.

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 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. 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

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Finance Committee - Agenda - 12/7/2016 - P187

Finance Committee - Agenda - 12/7/2016 - P188

By dnadmin on Mon, 11/07/2022 - 09:47
Document Date
Wed, 12/07/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 12/07/2016 - 00:00
Page Number
188
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__120720…

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

GC 10 of 11

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Finance Committee - Agenda - 12/7/2016 - P188

Board Of Aldermen - Minutes - 9/27/2016 - P18

By dnadmin on Sun, 11/06/2022 - 21:33
Document Date
Tue, 09/27/2016 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Minutes
Meeting Date
Tue, 09/27/2016 - 00:00
Page Number
18
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_m__092720…

Board of Aldermen Page 18
September 27, 2016

again, I’m not sure that is complete of everything that the city would be asked to do and the Services that
we would ultimately have to provide. Again, what | heard this evening was very similar to what | heard at
the last meeting and that was that we as the City of Nashua have been welcoming for years. You came
to this country for whatever reason, for opportunity and you feel welcome and | think that we as a
community attempt to have that pervade everything that we do, we want to be welcoming and in fact, in
2002, there was a piece of legislation that was introduced, it was an ordinance, O-2-03; former Alderman
Fred Britton, Alderman Deane was a co-sponsor, Alderman Bolton at the time was a co-sponsor,
Alderman McCarthy a co-sponsor, Alderman Cote, Alderman Tollner, Alderman Plamondon and
Alderman Rootovich were all co-sponsors of a piece of legislation is 2002 that said Nashua is a proud,
vibrant, welcoming community. Nashua offers its people opportunities for personal growth, prosperity,
education, culture, heritage and recreation. Nashua is a city which responds to the needs of its citizens,
continuing to examining its processes to enable efficient delivery of services that enrich the quality of life.
2002, ladies and gentlemen is when we looked at that piece and we adopted it and we said that is what
we want our community to be and | think that we have lived up to it and | think we have done a great job.
Now, we also see the idea of economics and | think that is a very valid point. | think we do need to look
at economics. | think we look at how welcoming our community has been over the past three or four
years as Mayor Donchess has stated saying that our immigration population has increased over those
three to four years to negate any persons who have left the city. Our population is stagnant right now. |
think we are a Welcoming City and | think we continue to be a Welcoming City and | think we have the
services, the personnel, the staff and the schools but what was not necessarily said which | think is an
economic driver are the grants that are potentially available to our schools, our adult learning center and
our police. Nothing was discussed, we have zero information on what grants might be available to the
organizations within our community to help with our immigration population. | am personally of the
mindset, and while Alderman Siegel may be fine with taking this and having a discussion this evening
about it, | think this warrants going back to committee. | think it warrants having a discussion about all of
the different aspects of the legislation and what it does mean because that hasn’t been shared with the
committee or the Board of Aldermen. Again, | have learned a significant amount about this piece of
legislation, additional information from you; the public this evening so thank you for that, | truly appreciate
it. | will not support this legislation in its current form and | would urge the members of this Board to send
it back to committee so that we can have a thoughtful discussion about the entire merits of this piece of
legislation.

Alderman LeBrun

There was a member of that committee that stated the commitment that we would be making and | was
that member. We debated this for well over an hour and in the end we decided that the original
legislation was not the way to go and we amended it to state that Nashua would proclaim itself a
Welcoming City by Mayoral proclamation only and that’s what came to this Board and that’s what we
seem to be not understanding and not taking up this evening.

Alderman Lopez

With respect to Alderman Cookson, | feel like we are not really living up to the last part of the resolution
that you mentioned earlier. We are not being responsive to the community right now and we are not
looking at the process that we are employing in any way to make sure that it’s responsive. We have a
huge community turn-out saying do something tonight, pass the Mayor's original version, even in my
case, pass a version which is the original version but very clearly delineates what we are actually
agreeing to and a version that was also vetted by our own corporation counsel. Yet we are still saying
what more, what else could there possibly be? Have we thought about every grant opportunity for every
organization that could be on this list? No, we haven't and I’m not sure that is actually our responsibility.
| think our responsibility is to be receptive to the community that’s saying we support this and we want
this. | think it’s a little bit transparent to turn to the audience and say you have taught me so much
tonight when they are trying to tell you something different. They are trying to tell you that they want you
to pass this tonight and they don’t want you to stall it or wait any longer. It was proposed by Alderman

Page Image
Board Of Aldermen - Minutes - 9/27/2016 - P18

Finance Committee - Agenda - 4/20/2022 - P78

By dnadmin on Sun, 11/06/2022 - 21:43
Document Date
Fri, 04/15/2022 - 11:50
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 04/20/2022 - 00:00
Page Number
78
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__042020…

LED iParametrics ml Wii PROPOSAL FOR THE CITY OF NASHUA
P — , @ — ARPA ADMINISTRATIVE SERVICES

» — Evaluating and assisting in the formulation of FEMA PA Emergency and Permanent Work Project Worksheets. This involves
expertise in cast estimating, developing DDDs, and a project's SOW,

= Assisting in the development of hazard mitigation proposals under Section 406 of the Stafford Act.

* Evaluating altemate and/or improved projects.

* Reviewing Project Worksheets to determine final eligible costs and third-party refunds and reimbursements.
» Reconciling eligible costs and preparing Project Worksheet versions, as necessary.

# Evaluating and addressing insurance and other special considerations.

= Preparing first and second appeals, as requested.

Our team members are trailblazers in implementing the FEMA PA process. federal pilot programs, and shaping state and federal PA
policies and guidance. We have supported FEMA Mission Planning Operations, which charted the direction of federal disaster
recovery. since 2010, Understanding the complex nature of PA grants, our tearn will work hand-in-hand with the City of Nashua to
work through this process to maximize funding in addition to the funding already being received through the American Rescue Plan.

This streamlined process (shown below) is also intended to get dollars into the hands of those that need it as soon as possible.

ee

Submit '

FEMA and ©
igo
{Recipient}

Review Biel
Documents ’

Log on and
Create
Account at
PA Grants
ele |

Attend Virtual
Applicant Briefing

OUTREACH

Too often. programs fail to achieve subscription goals because the citizens,
business, or industries the program aims to serve do not know the program exists
or because the program seems too difficult to navigate and citizens are
ntimidated to apply. Adequate program subscription levels are achieved by
ensuring target markets are informed and the program is easily accessible to them.
Our team will deliver outreach collateral and marketing materials in English and
Spanish (or other locally appropriate languages) to encourage participation in the
program early by making the program accessible to those who need it most. We

will also make sure that all eligible applicants are made aware of this program, not Mainiaining an Simple messaging,
just at the individual level, but also businesses within the community. informed plain-language
. stakeholder hase policy, and easy-to-
We will deliver strategies and materials to ensure marketing and outreach efforts ensures that your access points of
. . - taiget markets are interaction with
target and reach intended audiences. We will leverage third-party datasets such aware that your your program
as the US Census, American Community Survey, and datasets from federal program is available encourages
disaster recovery partners like SBA and FEMA with community input to to help. participation.

determine areas where concentrated outreach efforts may be needed to reach
disabled, special needs, and other vulnerable populations.

We offer City of Nashua two distinct approaches to programm outreach,

dependent upon City of Nashua preferences: (1) Tum-Key Outreach; or (2)

Community-leveraged Outreach. While we present both for purposes of the proposal, it would be our strong preference to use
the Community-leveraged Outreach which helped generate success within similar communities.

PAIGE 21

Page Image
Finance Committee - Agenda - 4/20/2022 - P78

Finance Committee - Agenda - 12/7/2016 - P189

By dnadmin on Mon, 11/07/2022 - 09:47
Document Date
Wed, 12/07/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 12/07/2016 - 00:00
Page Number
189
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__120720…

28.

29.

30.

31.

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

GC 11 of 11

Page Image
Finance Committee - Agenda - 12/7/2016 - P189

Finance Committee - Agenda - 12/7/2016 - P190

By dnadmin on Mon, 11/07/2022 - 09:47
Document Date
Wed, 12/07/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 12/07/2016 - 00:00
Page Number
190
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__120720…

Broad Street Parkway
Project Management and Engineering Services EXHIBIT B
Hayner/Swanson, Inc. Scope Fee Schedule

Project Constr Senior Survey Field
Post-Construction Services & Project Closeout Support 4 Engineer . Surveyor mrvey CADD Admin Total
Manager Observer RLS Staff
Rates $150 $115 $75 $130 $75 $75 $60

COORDINATION RELATED TO FEDERAL FUNDING
Continued coordination with DPW to finalize budetary totals,
reimbursement and track federal
Continued coordination with respect to "Repurposing" BSP federal
funds to other

COORDINATION RELATED TO RIGHT OF WAY

Easement Plan for Remnant of Parcel 77A

Revise ROW Plan in area of Wi Remnant of Parcel 77A

Monumentation of ROW at Parcel 77A
Parcel Plan & Easement for Parcel 6 (44 Broad St
Parcel Plans for 2 Remnants of Boiler House Parcel
Parcel Plan for 3 Parcels Avenue

Revise Central Street ROW at 40 Pine Street

Coordinate with i

Coordinate with City & NHDOT -

S related to sale of le

Coordinate of retaining wall

CONTRACT CLOSEOUT
Coordination Related to Final Closeout - North
lete ion of Record Files
Allowance for coordination during NHDOT/FHWA audit

Coordination Related to Final Closeout - River & Fairmount Street

Coordination of ist work
lete ion of Record Files
Allowance for coordination during NHDOT/FHWA audit
Coordination related to snow fence on
Coordination related to fence on ining wall

Coordination Related to Final Closeout - South
Coordination etion of ist work
lete ion of Record Files
Allowance for coordination NHDOT/FHWA audit

Coordination Related to Final Closeout - Chi Rehabilitation
Coordination Related to Final Closeout - Fire R t

Page 1 of 2

Page Image
Finance Committee - Agenda - 12/7/2016 - P190

Finance Committee - Agenda - 12/7/2016 - P191

By dnadmin on Mon, 11/07/2022 - 09:48
Document Date
Wed, 12/07/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 12/07/2016 - 00:00
Page Number
191
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__120720…

Broad Street Parkway
Project Management and Engineering Services

Hayner/Swanson, Inc. Scope Fee Schedule

ALLOWANCE FOR SUPPORT TO - CLAIMS AND
DISPUTES

E D Swett Claim

Albanese dated

Parcel 75A BTLA H

Parcel 212 ition Cost

Parcel 73 isition Cost

FINAL COORDINATION WITH UTILITIES
Coordinate final relocation at Fairmount Street

FINAL COORDINATION - CULTURAL RESOURCES
Pocket Park at Pine Street
Trees near Fairmount Street
Guidelines
Final Documentation - Coordinate with Historic Resources

Consultant

FINAL COORDINATION MILLYARD
S Final cost
Allowance for other coordination

ALLOWANCE FOR GENERAL COORDINATION
City Coordination Mi
NHDOT Coordination M

Total Hours
Total Dollars
Allowance For

Page 2 of 2

Page Image
Finance Committee - Agenda - 12/7/2016 - P191

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