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Source: Nashua DPW

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@\ THE CITY OF NASHUA The Cate Cty

Financial Services

Purchasing Department

November 9, 2016
Memo #17-079

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: CONTRACT FOR OPERATION AND MAINTENANCE OF TWO HYDROELECTRIC
FACILITIES (VALUE $398,200)
DEPARTMENT: DEPARTMENT 170 HYDROELECTRIC OPERATIONS; FUND: GENERAL

Please see attached communication from Madeleine Mineau, Waterways Manager, dated
November 2, 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.

The Waterways Department and Purchasing Department recommend the award of this contract
to Essex Power Services of Boscawen, NH and Boston, MA in an amount of $398,200.
Respectfully,

Dan Kooken

Purchasing Manager

Ce: S. Marchant M.Mineau J. Graziano

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

General Terms and Conditions

DEFINITIONS Unless otherwise required by the context, "Professional Engineer”, and its
successors, transferees and assignees (together “Professional Engineer”) includes any of the
Professional Engineer's consultants, sub consultants, contractors, and subcontractors

PROFESSIONAL ENGINEER STATUS The parties agree that Professional Engineer shall have the
status of and shall perform all work under this contract as a Professional Engineer, maintaining
control over all its consultants, sub consultants, contractors, or subcontractors. The only contractual
relationship created by this contract is between the City of Nashua and Professional Engineer, and
nothing in this contract shall create any contractual relationship between the City of Nashua and
Professional Engineer's consultants, sub consultants, contractors, or subcontractors. The parties
also agree that Professional Engineer is not a City of Nashua employee and that there shall be no:

(1) Withholding of income taxes by the City of Nashua:

(2) Industrial insurance coverage provided by the City of Nashua;

(3) Participation in group insurance plans which may be available to employees of the
City of Nashua;

(4) Participation or contributions by either the Professional Engineer or the City of
Nashua to the public employee’s retirement system;

(5) Accumulation of vacation leave or sick leave provided by the City of Nashua;

(6) Unemployment compensation coverage provided by the City of Nashua.

STANDARD OF CARE Professional Engineer shall be responsible for the professional quality,
technical accuracy, timely completion, and coordination of all work performed under this contract.
Professional Engineer warrants that all work shall be performed with the degree of professional
skill, care, diligence, and sound practices and judgment that are normally exercised by recognized
professional firms with respect to services of a similar nature. It shall be the duty of Professional
Engineer to assure at its own expense that all work is technically sound and in conformance with
all applicable federal, state, and local laws, statutes, regulations, ordinances, orders, or other
requirements. In addition to all other rights which the City of Nashua may have, Professional
Engineer shall, at its own expense and without additional compensation, re-perform work to correct
or revise any deficiencies, omissions, or errors in the work or the product of the work or which
result from Professional Engineer's failure to perform in accordance with this standard of care. Any
approval by the City of Nashua of any products or services furnished or used by Professional
Engineer shall not in any way relieve Professional Engineer of the responsibility for professional
and technical accuracy and adequacy of its work. City of Nashua review, approval, or acceptance
of, or payment for any of Professional Engineer's work under this contract shall not operate as a
waiver of any of the City of Nashua’s rights or causes of action under this contract, and Professional
Engineer shall be and remain liable in accordance with the terms of the contract and applicable law.

Professional Engineer shall furnish competent and skilled personnel to perform the work under this
contract. The City of Nashua reserves the right to approve key personnel assigned by Professional
Engineer to perform work under this contract. Approved key personnel shall not be taken off of
the project by Professional Engineer without the prior written approval of the City of Nashua,
except in the event of termination of employment. Professional Engineer shall, if requested to do
so by the City of Nashua, remove from the job any personnel whom the City of Nashua determines
to be incompetent, dishonest, or uncooperative.

CITY OF NASHUA REPRESENTATIVE The City of Nashua may designate a City of Nashua
representative for this contract. If designated, all notices, project materials, requests by

GC 2 of 11

February 3, 2021

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Establishment Public Seating Area = Parking Space - Unaltered Accomidations

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Existing Handicap Parking Space - ‘"eyouLsublecttershalige

Relocated to Proposed Handicap Parking Space Page 4 of 4

Proposed Handicap Parking Space Source: Nashua DPW

0-21-0532

ORDINANCE

AUTHORIZING A STOP SIGN ON COVEY ROAD AT ITS INTERSECTION WITH
RIDGE ROAD

CITY OF NASHUA
In the Year Two Thousand and Twenty-One

The City of Nashua ordains that Part I “General Legislation”, Chapter 320 “Vehicles
and Traffic”, Article II] “Stop and Yield Intersections’, Section 320-4 “Stop intersections”,
subsection D of the Nashua Revised Ordinances, as amended, be hereby further amended by
adding the following new underlined language in the appropriate alphabetical order:

Ҥ 320-4. Stop intersections.

D. The following intersections are hereby designated as stop or through streets, and
authority is hereby granted for the erection of a stop sign at the comer so
designated in accordance with the tenor of this chapter:

Stop Sign on Sign Location At Intersection of
Covey Road Southeast corner Ridge Road”

All ordinances or parts of ordinances inconsistent herewith are hereby repealed.

This ordinance shall become effective at the time of removal and/or installation of the necessary
sign(s) and/or device(s).

LEGISLATIVE YEAR 2021

OQRDINANCE: O-21-052
PURPOSE: Authorizing a stop sign on Covey Road at its intersection with
Ridge Road
ENDORSER(S): Alderman Linda Harriott-Gathright
COMMITTEE .
ASSIGNMENT: Committee on Infrastructure
FISCAL NOTE: Materials, Labor and Vehicle Overhead: $141
ANALYSIS

This legislation authorizes a stop sign on Covey Road at its intersection with Ridge Road.

The erection, removal and maintenance of all traffic control devices must conform to applicable
state statutes and the latest edition of the Manual on Uniform Traffic Control Devices. RSA
47:17 VIII (a). The Board should consult with the city’s Traffic Engineer to determine if this
ordinance is in compliance.

Approved as to form: Office of Corporation Counsel

By: Vb fa Clas toe
Date: b Aw (dD

A regular meeting of the Board of Aldermen was held Tuesday, January 26, 2021, at 7:51 p.m. via
teleconference.

President Lori Wilshire presided; City Clerk Susan Lovering recorded.

Prayer was offered by Corporation Counsel Steve Bolton; Alderman-at-Large Michael B. O’Brien, Sr. led in
the Pledge to the Flag.

President Wilshire

As President of the Board of Aldermen, | find that due to the State of Emergency declared by the
Governor as a result of the COVID-19 pandemic and in accordance with the Governor's Emergency
Order #12 pursuant to Executive Order 2020-04, this public body is authorized to meet electronically.

Please note that there is no physical location to observe and listen contemporaneously to this meeting,
which was authorized pursuant to the Governor's Emergency Order. However, in accordance with the
Emergency Order, | am confirming that we are:

Providing public access to the meeting by telephone, with additional access possibilities by video or
other electronic means:

To access Zoom, please refer to the agenda or the City’s website for the meeting link.

To join by phone dial: 1-929-205-6099 - Meeting ID: 821 2067 1668 Passcode: 223283

The public may also view the meeting via Channel 16.

We previously gave notice to the public of the necessary information for accessing the meeting, through
public postings. Instructions have also been provided on the City of Nashua’s website at www.nashuanh.gov
and publicly noticed at City Hall and Nashua Public Library.

lf anyone has a problem accessing the meeting via phone or Channel 16, please call 603-821-2049 and they
will help you connect.

In the event the public is unable to access the meeting via the methods mentioned above, the meeting will
be adjourned and rescheduled. Please note that all votes that are taken during this meeting shall be done
by roll call vote.

Let’s start the meeting by taking a roll call attendance. When each member states their presence, please
also state whether there is anyone in the room with you during this meeting, which is required under the
Right-To-Know Law.

The roll call was taken with 14 members of the Board of Aldermen present: Alderman Michael B. O’Brien,
Sr., Alderman Patricia Klee, Alderman Richard A. Dowd, Alderman June M. Caron, Alderman Benjamin
Clemons, Alderman Thomas Lopez, Alderman David C. Tencza, Alderwoman Elizabeth Lu, Alderman
Ernest Jette, Alderman Jan Schmidt, Alderman Brandon Michael Laws, Alderman Skip Cleaver, Alderman
Linda Harriott-Gathright, Alderman Wilshire.

Alderwoman Shoshanna Kelly was recorded absent.

Mayor James W. Donchess, Corporation Counsel Steve Bolton, were also in attendance.

Board of Aldermen 01-26-2021
Alderman O’Brien

Tom, what have you got floating behind you?

Alderman Lopez

| have no idea what you are talking about, Alderman O’Brien.
Alderman O’Brien

| was just a little bit concerned.

Alderman Dowd

Insurrection in his Ward.

Alderman Lopez

Everything is going fine here, we are all fine, nothing unusual happening.

Alderman O’Brien

Very good, brother.

ROLL CALL

Alderman O’Brien

Present, |am alone and | can hear the proceedings.
Alderman Klee

| am here, | am alone and | can hear the proceedings.
Alderman Dowd

Yes, | am present, | can hear everyone and | am alone.
Alderman Caron

Yes, | am here, | am alone and | can hear everyone.
Alderman Clemons

lam here, | am by myself and | can hear everyone.
Alderman Lopez

lam here, | am alone and | can hear and see everyone.
Alderman Tencza

| am present, | am alone and | can hear everyone.

Page 2

Board of Aldermen 01-26-2021 Page 3
Alderwoman Lu

lam here alone and | can hear everyone.

Alderman Jette

| am here alone and | can hear the proceedings.

Alderman Schmidt

| am present, alone and can hear everyone.

Alderman Laws

| am here, | am alone and | can hear everyone.

Alderman Cleaver

Present, |am alone and | can hear everybody.

Alderman Harriott-Gathright

| am present, | am finally home and | am in this room alone.

President Wilshire

| am here, | am alone and | am glad that Alderman Harriott-Gathright is at home. And | can hear everyone.
Susan Lovering, City Clerk

You have 14 in attendance.

President Wilshire

Thank you. Also in attendance this evening is Mayor Donchess and Corporation Counsel Steve Bolton. Does
the Mayor wish to address the Board?

REMARKS BY THE MAYOR

Mayor Donchess

Yes, Madam President. Thank you very much. | first wanted to update you on the COVID-19 Pandemic. As
you, of course, we still are suffering quite a few new cases in Nashua. Over the past 14 days we have
encountered about 840 new cases. Currently we have about 560 active cases. We have several outbreaks in
the City and Public Health is doing a very good job in working with those organizations where some of them —
restaurants, schools, other places — where outbreaks have occurred. But we are still running about 11%
positivity rate in all of the tests that are conducted in Nashua. Over the past week or so there have been about
495 tests per day and 11% of those have come up positive. We have about 30 people in the hospital, between
the two hospitals, Southern and St. Joe’s. So these numbers are certainly up from the summer and the fall, so
we need to be very careful about our activities. We have talked many times about the importance of wearing
masks.