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23. FINAL ACCEPTANCE. Upon completion of all work under the contract, Lighting
Contractor shall notify the City in writing of the date of the completion of the work and request
confirmation of the completion from the City. Upon receipt of the notice, the City shall confirm
to Lighting Contractor in writing that the whole of the work was completed on the date indicated
.in the notice or provide Lighting Contractor with a written list of work not completed. With
respect to work listed by the City as incomplete, Lighting Contractor shall promptly complete the
work and the final acceptance procedure shall be repeated. The datc of final acceptance of a
project by the City shall be the date upon which the Board of Public Works or other designated
official accepts and approves the notice of completion.

24. TAxes. Lighting Contractor 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. Lighting Contractor hereby indemnifies and holds harmless the City from
any liability on account of any and all such taxes, levies, duties, assessments, and deductions.

25. | NON-WAIVER OF TERMS AND CONDITIONS. None of the terms and conditions of this
contract shall be considered waived by the City. 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 in a written waiver.

26. 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.

27. PROHIBITED INTERESTS. Lighting Contractor shall not allow any officer or employee of
the City to have any indirect or direct interest in this contract or the proceeds of this contract.
Lighting Contractor warrants that no officer or employee of the City has any direct or indirect
interest, whether contractual, noncontractual, financial or otherwise, in this contract or in the
business of Lighting Contractor. If any such interest comes to the attention of Lighting
Contractor at any time, a full and complete disclosure of the interest shall be immediately made
in writing to the City. Lighting Contractor 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. Lighting
Contractor further warrants that no person having such an interest shall be employed in the
performance of this contract. If City determines that a conflict exists and was not disclosed to
the City, it may terminate the contract at will or for cause in accordance with paragraph 8.

In the event Lighting Contractor (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 may
terminate the contract at will or for cause in accordance with paragraph 8. Upon termination,
_.—_—Lighting-Contractor shall-refund-to -the-Gity- any-profits realized-under this-contract, -and-Lighting—
Contractor shall be liable to the City for any costs incurred by the City in completing the work
described in this contract. At the discretion of the City, these sanctions shall also be applicable
to any such conviction obtained after the expiration or completion of the contract.

Lighting Contractor warrants that no gratuities (including, but not limited to, entertainment or

gifts) were offered or given by Lighting Contractor to any officer or employee of the City with a
view toward securing a contract or securing favorable treatment with respect to the awarding or

GC 12 of 13 A s

TABLE OF CONTENTS

ry

SECTION |

Qualifications &
Experience

SECTION 2

Past Performance

SECTION 3

Proposed Work Plan

SECTION 4

Cost Proposal

amending or making of any determinations with respect to the performance of this contract. If
City 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 under this contract or at law.

28. THIRD PARTY INTERESTS AND LIABILITIES. The City and Lighting Contractor,
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

and Lighting Contractor.

29. 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.

30. | 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.

31. MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT. This contract constitutes the
entire contract between the City and Lighting Contractor. 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.

32. 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 13 of 13

Ge) THE CITY OF NASHUA “The Gate City"

Financial Services

Purchasing Department

dune 30, 2016
Memo #17-001

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: PARKING JOHN DEERE GATOR UTILITY VEHICLE (VALUE $20,700)
DEPARTMENT: 166 PARKIING; FUND: GENERAL FUND
ACCOUNT CLASSIFICATION: 54 PROPERTY SERVICES

Please see attached communication from Sarah Marchant, Community Development Division
Director, dated June 6, 2016 for information related to this purchase request.

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.

Sarah Marchant, Director of Community Development and the Purchasing Department
recommend the award of this purchase in the amount of $20,700 to Nashua Outdoor Power
Equipment of Nashua, NH.

Respectfully,

AeA ff —
- Wan Kooken
Purchasing Manager

Ce: S. Marchant J. Graziano

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

Community Development 589-3095

e p | , ”
CityofNashua i
Community Development Division Urban Programs oe
City Hail, 229 Main Street, PO Box 2019 Se ete cerns
Nashua, New Hampshire 03061-2019 Transit Department 880-0100

www.gonashua.com

To: Dan Kooken, Purchasing Manager
From: Sarah Marchant, Division Director
Date: June 6, 2016

Re: FY16 John Deere Gator Utility Vehicle for Parking Maintenance

The Parking Department utilizes the current 2006 John Deere Gator on a daily basis for everything
from collecting funds from the parking meters to assisting with winter maintenance activities. The
Gator has substantial rust on both the bed and floor of the machine, which would need to be fixed
or replaced in order to pass inspection. As such the Parking Department believes the Gator has
reached the end of its useful life.

Nashua Parking Department solicited bids for a new John Deere Gator Utility Vehicle under
1FB0535-060316 posted on the City website on May 25, 2016. The following four (4) bids were
received:

1. North Country Tractor, Sanford, ME
$24,353.61 including upgraded wheels and tires

2. North Country Tractor, Concord, NH
$20,959 including upgraded wheels and tires

3. James R. Rosencrantz & Sons, Inc. East Kingston, NH
$20,399 + $862 for upgraded wheels and tires for a total of $21,821

4. Nashua Outdoor Power Equipment, Nashua, NH
§20,700 including upgraded wheels and tires

Nashua Outdoor Power Equipment was the low bidder at $20,700. The Parking department
currently uses this vendor for supplies and part purchases. They have provided us with the lowest
price and are including upgraded wheels and tires. They are also a local vendor.

The Community Development Division recommends that the John Deere Gator Utility Vehicle
contract be awarded to Nashua Outdoor Power Equipment, Nashua, NH in the amount of
$20,700.

THE CITY OF NASHUA ere

Draeeczead Norpg oe

fen dauane Dep otagers

May 19, 2016

INVITATION FOR BID
John Deere Gator Utility Vehicle
IFB0635-060316

The City of Nashua Transporiation Depariment invites bids fram qualified suppliers for ane (1) new and
Unused. model year 2015 or 2016 John Deere Gator Utility Vehicle. There will nol be any vehicle traded

in.
INSTRUCTIONS TO BIDDERS;

Bids must be submitted on the Bid Form, in its entirely with one (1} original and one (t) copy. ina
sealed envelope clearly marked “John Deere Gator Ufility Vehicle” and must be received at the Centra!
Purchasing Office, 229 Main Street, Room 128, Nashua, NH 030680 prior to 3:00 PM on Tuesday, May
31, 2016. Postmarks or olher timestamps will not be accepted in fieu of actual delivery The contractor
can use whatever delivery mechanism il chooses as long as it remains clear that the contractor is
responsible for submissions prior to the dale and time. Further details are available on the City's web
site, www nashuanh gov, under Services, Current Bids. document IF80535-060316.

Bids will be opened in public on the due date and time Results of the bid opening will be posted on ihe
Cily's web site, under Services, Bid Opportunities, Current Bids, document IFB0535-060316 within
twenty-four (24) hours of [he opening. Bids must be submitted in the format provided and address the
items specified in the bid package. The City of Nashua may reject any or all of the bids on any basis and
without disclosure of a reason, The failure to make such a disclosure shall not result in accrual of any
right, claim or cause of action by any unsuccessful bidder against the City of Nashua

All bids are binding for sixty {60) days after bid opening. The City is exempt of all taxes All bids mus! be
FOB delivered, Nashua Transit System (NTS), 11 Riverside Street, Nashua, NH 03062

Pursuant to NRO 5-71 (A), the City of Nashua supports the concep! of purchasing products which are
biodegradable, can be or have been recycted, or are environmentally sound Due consideration will be
given to Ihe purchase of such products. Hf you are bidding on any such products which qualify, please so
indicate in a cover sheet by item number and description

Pursuant to NRO 5-78 (F), the purchasing manager shall nol solicit a bid from a contractor who is in
default on the payment of taxes, ficenses or ather monies due the city. Therefore, this bid request is void
as to anyone who ts in defauit on said payments.

Questions on this Invitalion for Bid must be submitted in writing !o:

Dan Kooken
City of Nashua Purchasing Manager

Respectfully,

Dan Kooken

Purchasing Manager
City of Nashua
kookend@nashuanh.qov

1FBO535-0603 176 Jone Beare Utility veahicis
#29 Main Street « Nisha, New Hampshire O40HG1 « Phone (G09) SAGs aac: © Fan (G09) 580.3044

BID SPECIFICATIONS
1FB0535-060316

THLE: John Deere Gator Utility Vehicle
Quantity” 4
Nashua Transportation Department, 11 Riverside Street, Nashua, NH 03062

The City of Nashua Transportalion Department invites bids from qualified suppliers for one (1) new and
unused, model year 2015 or 2016 John Deere Gator Utility Vehicle XUV855D 54 with equipment as
specified

List the exact manufacturer specifications for the vehicle you are bidding for in each of the
categories listed. If any additional information is to be supplied regarding any item, please indicate
beside the item and type the information on pages to be attached to the bid submittal. Failure to
respond to any item may be cause for the bid to be rejected as “non-responsive”.

Inclusion of manufacturer's specifications will not be considered as a substitute for filling in the specifications.
You are encouraged to elaborate on any aspect of the vehicle noi listed in the bid specifications but stich
explanations should be typed on supplemental bid paperwork. Equipment bid must be new and unused and
model year 2015 or 2016.

Alt shipping costs must be included in the bid. The vehicle is to be detivered to.

Nashua Transportahon Department
11 Riverside Street
Nashua NH 03062

The following specifications are minimum guidelines and, as noted above, must be filled in completely:

SPECIFICATIONS MANUFACTURERS SPECIFICATIONS
2015 or 2016 XUV $551 $4 45140M Gator Ol vu SSD SY wesdeM
Yellow Steel Wheels Ancia #1002 Yellos Steel Wheels 2 4er
Bench Scar Yellow #2006 Bench _Stat #dode
Green and Yellow #2500855us4 Green a el low #2500
Deluxe Cargo Box with Paint and reflectors #3001 Txluxe Boy taf prin Rebkerers af B00}
OPS with nets #4000 -OP> we Jmets ee 10
Black roof and Rear Sercen w/lieadrests #4031 Blac Peal cofecreca vébachests att 4o3l
Manual Lili #4009 Annual Ll A YOOF
Less Rear Protection Package #4199 ess “Rear “Rotetion 2 Kg. Bee? 77
Less Front Brush Guard #4249 drss. Hee Besh Guard “Yb?

1FBO535-060316 Jahn Deore Gate: Ulilly Vehicle —,
220 Main Suecl * Nashua, New Hammsiire 03061 * Phone (603) $80~9330 © Fax (G07) S8a- 3344 2

Less Front Hoad Rack XUV 46309 Cess tet Hoot Back KU #6307

Cab Heater #BM23608 Cao. Ark af Bra Zbes

Poly Cab Doors (84) 413M 24118 “Wey. Calo Vacs SH # Beadle
Brake/Tail Light Kit #13M24591 Boat [tail 2h. Kart BM 24 SH
Cah Heater Conversion Kil 413M24897 Hater Conversion Kr t Bais? 7
Backup Alarm #RM24726 Gack.a. Abn. BUPtIFe

Cab Heater Filling Kit #VGBI0458 Heater... Hy 1K t AVG BR WYSS

“4 ld tin / OP TANS |
| Alley tithe | Ef (00%
OPS “reac “Tare | att BMaYShb I!
wadhie ld Pe BMeSHS
cofoi PEK
kh Bank dA BM p-YO 37

Full Frnt Glass

OPS swric

(N04 39 -O603. 16 Jotin Deer Gate: Ulilty vehicte
2? Main Street « Nashua, New Hampshin: 02064 = Phone (603) 584-3930 © Fax (603) 5AB-344a4 3

1FB0535-060316
BID SUMMARY SHEET

TITLE: John Deer Gator Utility Vehicie XUV855D S4 with options as specified above.
QUANTITY: One (1)
Delivered to: Nashua Transportation Department, 11 Riverside Street. Nashua, NH 03662

Model year: 2015 or 2016

- . Lge ooo." ayphedls AUG rain (
John Deer Gator Utility Vehicle 5 "Delivered arfens,
Manufacturer's printed literature included. A Yes Noa
Manufacturer's standard warranty included / Yes _. No Addi fant t 3 7 + rons,
, oad iT
Delivery: 7-b-lp ARO

Please list and explain those Bid Specification items thal you are not in compliance with:

For additional exceptions and/or comments, please attach additional paperwork {o this bid
submittal.

DEALERSHIP NAME & ADDRESS: Ne Shut Outdoor Busey Eguipance
soe in, Mel 836
Aashises, a ae cee

PHONE: £03-S98-YbY4 pax, BOS SS4- BSS.

Abe ed bea Cpashua paver. “ey

aco}

E-mail: +
_f CW vo Od 5/37 Latlp. _—
~~7 (Manager 5 Sphature) (Datd)
/ y) An ih Je f>
(Typed/Printed Name)

370535-060316 Joon Deere Gator Uthty Vetucte

poorer

THE CITY OF NASHUA eee

Financial Services

Purchasing Department

June 30, 2016
Memo #17-G09

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: | ENGINEERING SERVICES FOR PARK AND RIDE AT 25 CROWN STREET
(VALUE $198,275)
DEPARTMENT: 181 COMMUNITY DEVELOPMENT; FUND: NEW HAMPSHIRE DOT,
CONGESTION MITIGATION AND AIR QUALITY PROGRAM
ACCOUNT CLASSIFICATION: 53 PROFESSIONAL SERVICES

Please see attached communication from Sarah Marchant, Community Development Division
Director, dated June 8, 2016 for information related to this contract award.

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.

Sarah Marchant, Director of Community Development and the Purchasing Department
recommend the award of this contract to McFarland Johnson of Concord, NH in the amount of

$198,275.

Respectfully,

We

Dan Kooken
Purchasing Manager

Ce: S. Marchant J. Graziano

i229 Main Street ¢ Nashua, New Hampshire 04061 © Phone (603) 589-3330 « Fax (603) 589-3344