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THE CITY OF NASHUA The Caste

Financial Services

Purchasing Department

oni ees SME TERE HAS ON A A AEH a 2 ac ares a oi AOI MAL AE

March 31, 2016
Memo #16-121

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: CONTRACT AWARD FOR AQUATIC HERBICIDE TREATMENT FOR MINE FALLS
PARK MILL POND AND CANAL (VALUE: $21,345)
DEPARTMENT: 177 PARKS AND RECREATION; FUND: TRUST MINE FALLS ETF
ACCOUNT CLASSIFICATION: 55 OTHER SERVICES

Please see the attached communication from Nicholas Caggiano, Superintendent Parks and Recreation
dated March 24, 2016 for the information related to this purchase.

Pursuant to § 5-84 Special purchase procedures A. (4) Sole-source procurements, where the
proposed purchase is manufactured by only one company.

The Superintendent of the Parks and Recreation Department, the Mine Falls Advisory Committee, the
Waterways Manager, Board of Public Works (March 24, 2016) and the Purchasing Department
recommend awarding this contract in an amount of $21,345 to Solitude Lake Management of
Shrewsbury, MA.

Respectfully,

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F Cet fe

“ Fan

Dan Kooken

Purchasing Manager

Ce: N Caggiano L Fautex M Mineau

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

To:

From:

Re:

B. Motion:

Attachmenis:

Diseussion:

City of Nashua, Public Works Division
Board of Public Works Meeting Date: March 24, 2016

Nicholas Caggiano - Superintendent
Parks and Recreation Department

Aquatic Herbicide Treatment for Mine Falls Park Mill Pond and Canal.

To approve the purchase of aquatic invasive weed treatment services from
Solitude Lake Management of Shrewsbury, MA. for the sum $21,345. Funding
will be through Department: 177 Park and Recreation; Fund: Trust Mine Falls
ETF Account Classification: 55 Other Contracted Services,

Proposal and map.

The proposal will treat the aquatic invasive weeds in the Mine Falls Mill Pond
and Power Canal. The proposed plan will include the permitting and treatment of
the waterbodies in June at the time of plant emergence. The treatment of these
weeds will improve the overall health of these of the Mill Pond and Canal and
will provide residents with improved recreational opportunities.

The Mill Pond and Canal were treated back in 2012 and 2014. The treatment
produced very good results. The Masier Plan developed for these water bodies by
DES recommended the use of these treatments to reduce the spread of these
invasive weeds

The vendor is one of the few vendors in New England licensed to treat water
bodies in NH. The vendor has worked closely with NH DES, Fish & Game, and
the NH Department of Agriculture Division of Pesticide Control. It is the
recommendation of the Superintendent, the Mine Falls Advisory Committee and
the Waterways Manager that the purchase be awarded to Solitude Lake
Management of Shrewsbury, MA. in the amount of $21,345,

THE CITY OF NASHUA "The Gate City"

Division of Publte Works

Parks C Recreation Department

MEMORANDUM

Date: March 14, 2016
To: Dan Kooken Purchasing Manager
. . . _ ti
From: Nicholas Caggiano Superintendent Parks and Recreation ie ie
Subject: 2016 Proposed Aquatic Weed Treatment of the Mine Falls Park Mill Pond and Canal

This proposal will treat the aquatic invasive weeds in the Mine Falis Mill Pond and Canal. The proposed
plan will include the permitting and treatment of the waterbodies in June at the time of plant emergence.
The treatment of these weeds will improve the overall health of the Mill Pond and Canal and will provide
residents with improved recreational opportunities. This treatment will help stop the spread of invasive
weeds in these waterbodies, and create a more thriving environment for the water wildlife, The results
will improve the water quality of the site and provide enhanced opportunities for recreation.

The treatment was previously done in 2012 and 2014 with great success. The Master Plan developed for
these waterbodies by DES recommended the use of these treaiments to reduce the spread of these invasive

weeds.

The vendor will be a sole source Solitude Lake Management formally Aquatic Control Technologies
(ACT) did the previous treatment and is the licensed recommended vendor by the NH DES. The vendor is
one of the few vendors in New England licensed to treat waterbodies, and has worked closely with NH
DES, NH Fish and Game and the NII Department of Agriculture Pesticide Control Division.

It is the recommendation of the Superintendent, the Mine Falls Advisory Committee, and the Waterways
Manager that the purchase be awarded to Solitude Lake Management of Shrewsbury MA.

100 Concord Steel « Nashua, New Hampshire 02060 » Phone (603) 589-2370 » Fax (603) 589-3465

City of Nashua
Service Agreement

Aquatic Herbicide Treatment
For
Mine Falls Park Mill Pond and Canal

SERVICE AGREEMENT between Solitude Lake Management with its office located at 590 Lake Street_in
Shrewsbury, MA_01545 (hereinafter “VENDOR”) and The City of Nashua, New Hampshire
(hereinafter “OWNER”).

This Agreement represents the entire and integrated agreement between the parties and supersedes prior
negotiations, representations or agreements, either written or oral.

The intent of the Agreement is to include all items necessary for the proper execution and completion of the
work by the VENDOR.

The VENDOR shall complete the following work for the OWNER:

Treatment of aquatic invasive weeds in Mine Falls Mill Pond and Power Canal per VENDOR proposal
dated February 24, 2016 and attached as Exhibit A (the “WORK”).

Invoicing shall be in accordance with the attached, Exhibit A, which the OWNER has accepted and
approved. VENDOR shall start work upon receipt of this executed Service Agreement and issuance of a
valid City of Nashua Purchase Order. (the “WORK”).

The OWNER agrees to pay the VENDOR the sum of:

Twenty-One Thousand Three Hundred Forty-Five 00/100 Dollars ($ 21,345.00)

Payment shall be made approximately 30 days from the time the payment application is received by the
OWNER depending upon the timing of submittals and approvals. Application for Payment performed
under this agreement shall be submitted directly to:

City of Nashua
Accounts Payable

PO Box 2019

Nashua, NH 03061-2019
Attn:

To facilitate the proper and timely payment of applications, the City of Nashua requires that all
applications contain a valid PURCHASE ORDER NUMBER.

Page 1 of 4

3. Construction Observation and Technical Support: Work under this category will include

field and office work directly associated with construction observation, as well as plan
preparation. We will assign Dan Brown to the field effort and will supplement Dan’s
services with other staff, including Ethan Beals, Francisco Mota, Denis Hayner and Steve

Auger, as workload demands.

4. Administrative Support: Work under this category includes administrative efforts
including compilation of records and preparation of documents. This work will be

performed by Karen Blake.

As a basis for establishing the budget for the 2022 construction season, we have estimated work

effort by each category.

Principal Level
Estimate 2 hours/week for 44 weeks =
88 hours x $195/hour =

Engineering and Construction Manager
Estimate 12 hours/week for 44 weeks
528 hours x $148/hour

Construction Observation Support/Coordination
Estimate 44 hours/week for 44 weeks
1,936 hours x $90/hour

Administrative Support
Estimate | hour/week for 44 weeks
44 hours x $65/hour

Total Labor Budget
Allowance for Expenses
2021Program Budget

2021 Program Budget
Credit for remaining 2020 Budget
Adjusted 2021 Program Budget

88 hours
$17,160

528 hours
$78,144

1,936 hours
$174,240

44 hours
$2,860

$272,404
$ 2,596
$275,000

$275,000

($ 47.700)
$227,300

We understand that the actual work performed will be as directed and that the split of work
between categories may vary significantly. We also understand that actual work performed will

be only as directed and may be less than the budget presented.

Page 4 of 5

City of Nashua
Service Agreement

VENDOR 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;
» Motor Vehicle Liability: $1,000,000 Combined Single Limit;
*Coverage must include all owned, non-owned and hired vehicles.

» Workers’ Compensation Coverage in compliance with the State of NH _ Statutes,
$100,000/$500,000/$100,000.

VENDOR and subcontractors at every tier will fully comply with NH RSA Chapter 281-A, “Workers’
Compensation”.

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

The parties agree that VENDOR shall have the status of and shall perform all work under this agreement as
an independent contractor, maintaining control over all its consultants, sub consultants, contractors, or
subcontractors. The only contractual relationship created by this agreement is between the OWNER and
VENDOR, and nothing in this agreement shall create any contractual relationship between the OWNER
and VENDOR’s consultants, sub consultants, contractors. The parties also agree that VENDOR is not a
City employee and that there shall be no:

Withholding of income taxes by the OWNER;

Industrial insurance coverage provided by the OWNER;

Participation in group insurance plans which may be available to employees of the OWNER;
Participation or contributions by either the VENDOR or the OWNER to the public employees
retirement system;

Accumulation of vacation leave or sick leave provided by the OWNER;

Unemployment compensation coverage provided by the OWNER.

PWNS

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VENDOR will provide the OWNER with certificates of insurance for coverage, as listed, and
endorsements affecting coverage required by the Agreement. The OWNER 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. WENDOR 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,
VENDOR must maintain umbrella liability insurance of at least $1,000,000. All aggregates must
be fully disclosed on the required certificate of insurance.

Page 2 of 4

City of Nashua
Service Agreement

» The specified insurance requirements do not relieve VENDOR of its responsibilities or limit the
amount of its liability to the OWNER or other persons, and VENDOR is encouraged to purchase
such additional insurance, as it deems necessary.

>» The insurance provided herein is primary, and no insurance held or owned by OWNER shall be
called upon to contribute to a loss.

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

Regardless of any coverage provided by any insurance, VENDOR agrees to indemnify and shall defend
and hold harmless the OWNER, 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 VENDOR or of anyone acting
under its direction or control or on its behalf in connection with or incidental to the performance of this
contract. VENDOR’s indemnity, defense and hold harmless obligations, or portions thereof, shall not
apply to liability caused by the negligence or willful misconduct of the party indemnified or held harmless.

VENDOR warrants and guarantees to OWNER, for one (1) year, upon completion of work, that all Work
will be in accordance with the Agreement and will not be defective. VENDOR’s warranty and guarantee
hereunder excludes defects or damage caused by:

>» Abuse, modification, or improper maintenance or operation by persons other than Contractor,
Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or
> Normal wear and tear under normal usage.

If the VENDOR defaults or neglects to carry out the Work in accordance with this Agreement and fails
within a two day period after receipt of written notice from the OWNER to correct such default or neglect
with diligence and promptness, the OWNER may, without prejudice to other remedies, correct such
deficiencies.

The VENDOR warrants to the OWNER that (1) the Work will be free from defects not inherent in the
quality required or permitted; and (2) the Work will conform to the requirements of the Agreement.

The OWNER shall have no responsibility for the payment of money to any Subcontractor or material
supplier.

The OWNER shall not supervise or directly control the work of the VENDOR. The OWNER does
reserve the right to inspect the work being performed and to determine whether it is being performed in a
good and “workmanlike” manner. The VENDOR shall promptly correct Work rejected by the OWNER as
failing to conform to the Agreement. The VENDOR shall bear the cost of correcting such rejected work.

The OWNER can terminate this Agreement at any time and pay the VENDOR a prorated amount for all
service performed up to that date.

Page 3 of 4

City of Nashua
Service Agreement

The laws of the State of New Hampshire shall govern this Agreement exclusively and any litigation to this
Agreement shall be brought to a court located in the State of New Hampshire.

The agreement, along with the executed OWNER’s Purchase Order, are subject to the City of
Nashua Standard Terms and Conditions, which are available on the City’s website at

www.nashuanh.gov/purchasing.

IN WITNESS WHEREOF, the parties hereto have caused this contract to be signed and intend to be legally
bound thereby.

City of Nashua, NH (signature) (signature)

James Donchess, Mayor
(Printed Name and Title) (Printed Name and Title)

Date

Date

Page 4 of 4

SOLITUDE

LAKE MANAGEMENT — EXHIBIT A

February 24, 2016

Nick Caggiano, Superintendent

Nashua Parks and Recreation Department
Greeley Park

100 Concord Street

Nashua, NH 03064

Re: 2016 Proposal/Agreement for an Herbicide Treatment Program to Control Invasive Aquatic Weed Growth in
Mine Falls Pond & Canal in Nashua, New Hampshire

Dear Mr. Caggiano:

Please accept this as our Bid/Proposal for a treatment program to control invasive fanwort (Cabomba caroliniana),
variable milfoil (Myriophyllum heterophyllum), Eurasian watermilfoil (MW. spicatum) and several other invasive
aquatic weeds in Mine Falls Pond & Canal in Nashua during the 2016 season.

INTRODUCTION AND RECOMMENDED TREATMENT APPROACH

SOLitude Lake Management {formerly Aquatic Control Technology) performed treatment programs using Clipper
(flumioxazin) and Reward (diquat) herbicides at Mine Falls Pond & Canal during the 2014 season. Treatment in
provided rapid control of the targeted invasive submersed weeds and nuisance-level control was maintained for
the majority of the summer season. Pre and post-treatment surveys documented that while the treatment
provided excellent control of fanwort and milfoil species using the combination treatment approach. Given the
success of this approach in 2014 we are recommending it again in Mine Falls Pond and Canal in 2016.

We have provided cost for treatment of Mine Falls Pond only (20 ac) as well as additional costs for treatment of an
additional 10 acres in the Canal. Regardless, we will prepare the NH DPC permit application requesting approval to
treat up to 30 acres in the pond and canal as necessary. Per acre cost for treatment have also been provided if
less treatment area is required/requested.

SCOPE OF SERVICES

Permitting:
SOLitude will prepare and file a Special Permit application for this treatment project on behalf of the City. Tasks

completed during permitting will include:

®* Completing the Special Permit Application form and assembling the normal attachments.
® Updating the LTMP prepared by DES, if required.
® Completing all normal mailings and newspaper notifications required by the Special Permit.

Competitively Sensitive & Proprietary Materials — The information contained herein is the intellectual property of SOLitude Lake
Management. Recipient may not disclose to any outside party any propriety information, processes, or pricing contained in this docurnent or
any of its attachments without the prior written consent or SOLitude Lake Management. This document is provided to the recipient in good faith
and it shall be the responsibility of the recipient to keep the information contained herein confidential.

590 Lake Street, Shrewsbury, MA 01545 | 508-885-0101 | SOLITUDELAKEMANAGEMENT.COM

Treatment:

SOLitude’s New Hampshire licensed chemical applicators will apply USEPA/State registered chemical Clipper
herbicide (100 ppb) and Reward herbicide (1 gal/acre) to the agreed upon infested portions pond and canal (20-30
acres estimated) in June of 2016. We suggest that the final areas/acreage to be treated be determined following a
pre-treatment inspection in May.

A diluted liquid herbicide solution(s) will be applied using a calibrated spray system and injected subsurface using
weighted hoses with an Airboat or conventional spray boat. A Differential/WAAS GPS system will be used during
the application to insure that the herbicide is evenly applied throughout the designated treatment areas.

Chemical applications would be made pursuant to a special permit issued by the NH Division of Pesticide Control.
Shorelines around the treatment area and for a 200-foot buffer distance would be posted with signs warning of
the temporary water use restrictions immediately prior to treatment that provides warning of the temporary
water use restrictions to be imposed.

Monitoring and Reporting:
SOLitude will complete the following monitoring and reporting tasks to comply with conditions of the Special

Permit.
= Perform pre and post treatment surveys of treatment areas.
= Arrange to have the post-treatment herbicide monitoring conducted by an independent, state-certified laboratory.
= Prepare and submit a year-end report.

TENTATIVE SCHEDULE OF PERFORMANCE - 2016

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© Pre-treatMent SUPVEY cece cc cee eee ner e EL cece EE Le RENEE OAS ELSE EMEC DE ELLE EELIECEEOSSE OSE COEEOSLEEA CEES EEOSEE EC EECEcRag AS CnEE EEE May
© Chemical treatments... ee ecescsscsceeceeerseeneesesee cece seeeeeeeeseeeeeseeeeestUCOHSEUHCHLUGsHes cee CpENDAGeseneeenyA teessteseneeeatennesas June
¢ Post-treatment inspections and reporting... eee cece ceneeeseeseeesnecseeescaeeedseecaasseseessesseessssassbestieseesseases June-October

CLIENT RESPONSIBILITIES

It would be the City’s Responsibility for compliance and assistance with the following:

® Provide an accurate and current list of all abutting property owners to each treatment area (those located within 200 feet),
a copy of the municipal tax maps that show all the abutting parcels, and an updated inventory of water source (i.e. wells
or intakes) for the abutting properties

= Identify and provide names and addresses of any property owners with direct water intakes located within 1200 feet of
the proposed treatment areas.

= Identify locations of any community or public wells and their proximity to the treatment areas.

= Providing alternate water to abutters that may have to restrict their water use for drinking or irrigation following
treatment, if requested and required.

= Provide a copy of the updated Long-Term Vegetation Management Plan prepared by DES.

® If possible, assist with posting on the day of treatment; or post the lake in advance of treatment. SOLitude will provide
pre-printed posters.

Mine Falls Pond & Canal — 2016 Proposal # 650-16 2 SOLitude Lake Management