Finance Committee
Regular MeetingNashua, NH · September 18, 2013
Minutes
REPORT OF THE FINANCE COMMITTEE
SEPTEMBER 18, 2013
A meeting of the Finance Committee was held on Wednesday, September 18, 2013 at 6:48 p.m. in the
Aldermanic Chamber.
Mayor Donnalee Lozeau, Chair, presided.
Members of the Committee present: Alderman-at-Large Lori Wilshire, Vice Chair
Alderman-at-Large David W. Deane
Alderman-at-Large Barbara Pressly
Alderman June M. Caron
Alderman Arthur T. Craffey, Jr.
Alderman Paul M. Chasse, Jr.
Also in Attendance: Alderman-at-Mark S. Cookson
Alderman Richard A. Dowd
PUBLIC COMMENT
COMMUNICATIONS
From: Robert Gabriel, Purchasing Manager
Re: Contract Award for Jackson Falls Riverwalk Bank Restoration Requested by Community
Development Division (Value: $77,637)
MOTION BY ALDERMAN CHASSE TO ACCEPT, PLACE ON FILE AND AWARD THE CONTRACT
TO GREENSCAPES LAND DESIGN IN THE AMOUNT OF $77,637. FUNDS ARE AVAILABLE IN
DEPARTMENT 183, ECONOMIC DEVELOPMENT; RIVERFRONT PROMENADE TIF FUND; 54,
PROPERTY SERVICES
ON THE QUESTION
Alderman Pressly
Could you give us some explanation as to what you saw of this site that was unique to this site and if the
same problem does not exist on this side of the dam?
Mayor Lozeau
This one is a little bit different than the cleanup
Alderman Pressly
I understand that.
Mayor Lozeau
What’s happening here is this is part of the TIF district. The TIF Committee met, and we approved
spending funds through a resolution of the Board to clean this riverbank from evasive species.
Finance – 09/18/13 Page 2
Alderman Pressly
Could you help us a bit with the TIF. That happened long before I know I came on board. How much
money do they have in that TIF and who’s on the Board to make decisions as to where it goes?
Mayor Lozeau
The TIF has, I believe, just over $200,000; $207,000, I believe is in the TIF right now. This recommendation
for $77,000 will leave $130,000 in. The members of the TIF include somebody from Jackson Falls,
somebody from Peddler’s Daughter, Park and Rec Superintendent, Kathy Hersh, and I think there’s one
other person who I just can’t think of their name right now. They were appointed some time ago, and then I
think we had somebody that came through Personnel/Administrative Affairs within the last six months or so.
Alderman Pressly
So it’s appointed by the Board of Aldermen. Appointed by you and approved by the Board.
Mayor Lozeau
Nominated by me, approved by the Board. I think what you’re asking for is for me to give you a snapshot of
what they. So that’s a tax increment financing district.
Alderman Pressly
That I understand. What I want to know is what are the parameters of their decision? Does it have to be
totally related to the Jackson Falls area? Can it include the whole Nashua river?
Mayor Lozeau
No, it cannot. Their responsibility is related to just the TIF district which runs from Peddler’s Daughter from
the Main Street bridge area down to Jackson Falls.
Alderman Pressly
Further question. This is not the portion that you referenced the other night that there was some problems
that were identified near the library. Is this different? You mentioned that there was a problem that was
identified when the river was lowered.
Mayor Lozeau
That’s the embankment and that has nothing to do with this.
Alderman Pressly
So the embankment is different.
Mayor Lozeau
Correct. This is just from Peddler’s Daughter to Jackson Falls.
Alderman Pressly
And it has primarily to do with evasive species. That’s it?
Finance – 09/18/13 Page 3
Mayor Lozeau
This is not only to remove the evasive species, which are different than the ones we see in the water. This
is things like Japanese Knot Weed and Oriental Bittersweet and Japanese Honeysuckle and Black Locus
and things like that that grow on the banks. This removes them and puts in new plants. Has a three year
maintenance program. Puts in irrigation. The plants that they have chosen are plants are good fits for
riverbanks to help with erosion control and things like that. Hopefully these plants will prevent the evasive
species from growing again. If you look at what’s attached to this document, it gives you the map on the
location of the site. Then it gives you the types of plants that they are putting in and where they are putting
them in. It also takes care of some of the fence rail that has to be replaced in that same general area.
Alderman Pressly
I think what bothers me, I presumed that these conditions exist up and down the river. It’s not exclusive to
this area, but this money can only cover this particular area?
Mayor Lozeau
This money can only be used in the TIF district.
Alderman Pressly
If we stand on the Main Street bridge and look in that direction, will this clean up that whole area from the
bridge on?
Mayor Lozeau
On the left side from Peddler’s Daughter where that boardwalk is down to Jackson Falls.
Alderman Pressly
Do you have a plan for the rest of the river?
Mayor Lozeau
The plans that I have include the next item on the agenda tonight, the work that we’ve already done which is
relatively significant, and a list of items that I have asked the Waterways Committee to take a close look at.
I’m hopeful we have a plan for evasive species in the water, as you know, the long term aquatic resource
exotic plan that the State development with us. This riverbank is a specific problem site that they saw and
that they have taken action on. Whether this is repeated on other banks along the river, I can’t tell you. But
I’m certain we will find that out.
Alderman Pressly
Well I’m certain it does exist. This is not the riverbed? This is not the exposed bed. This is strictly the
riverbank that will be visible once the water level rises.
Mayor Lozeau
Right, and it’s visible now as well.
Finance – 09/18/13 Page 4
Alderman Pressly
Of course, I know that. That’s obvious. Thank you. I support this. I support both these projects. I need to
know the details and certainly I wish they were more extensive than they are.
Mayor Lozeau
More extensive than what you have here tonight?
Alderman Pressly
I just wish that we had sufficient information and resources in place to do the whole Nashua river that’s
visible from the bridge. So we can just do the one side?
Mayor Lozeau
Right but that one side has particular challenges. For instance if you look at the right side, there basically is
no riverbank for quite a portion. Along the Telegraph….
Alderman Pressly
Ya, it’s a wall.
Mayor Lozeau
…a different type of situation.
Alderman Deane
I was a little surprised that these species that are being planted there didn’t portray the Latin terms for each
one of them. Just a joke, Mayor. What’s the warranty on the plantings? They always give you a warranty.
I know that when you buy plantings normally the wholesaler will give you a year. I didn’t know if there’s any
additional because not everything is going to survive. We all know that. There’s a lot of plantings too.
Mayor Lozeau
Some of the plantings that they’ve done are doing very well. Because this company that is doing the
planting and the three-year maintenance, my understanding they will at least be guaranteed as long as they
are doing the work. I think three years is good. According to our landscape architect, it’s a good window of
opportunity for it to take root and take hold.
Alderman Deane
It is. When you look at this it’s hard to decipher. They’ve taken the crown of every specie and put a little
circle where it is . You need a good root base to retain the banking. I understand that. It’s probably going to
look wonderful when it’s done. I just hope it doesn’t get filled up with trash. Are these people going to be
down there pulling the trash out of it?
Mayor Lozeau
They are going to maintain the plants. I would imagine that includes the cleanup and things like that that
may be necessary.
Finance – 09/18/13 Page 5
Alderman Deane
This area, for some reason, has a tendency to gather a lot of debris that shouldn’t be there. Asbestos, is
there any?
Mayor Lozeau
I don’t’ believe there’s asbestos in this area. I believe it was cleaned up when the cantilevering was done at
Peddler’s Daughter and the river walk was done in that area.
Alderman Deane
Does anyone know that for sure?
Mayor Lozeau
I can find out for sure, but I’m pretty certain.
Alderman Deane
When you look at the area, it’s quite an area. As we all know on the other side of the river it’s just latent
with asbestos.
Mayor Lozeau
Most of our riverbanks do have asbestos in them. While I wouldn’t guarantee that it’s all been removed, I
feel pretty confident that in this area that it has at least been dealt with in an acceptable manner to DES and
EPA. That means some of it was capped in a certain way or it’s been covered to a certain depth which is
typically what we do in the city, but I’ll be happy to get the answer to that question.
MOTION CARRIED
From: Robert Gabriel, Purchasing Manager
Re: Contract Award for Nashua River Cleanup Project (Value: $15,000)
MOTION BY ALDERMAN CHASSE TO ACCEPT, PLACE ON FILE AND AWARD THE CONTRACT TO
RELIABLE CONSTRUCTION & DEMOLITION IN THE AMOUNT OF $15,000. SOURCE OF FUNDING IS
DEPARTMENT 183, ECONOMIC DEVELOPMENT; GENERAL FUND ESCROWS; 54, PROPERTY
SERVICES
ON THE QUESTION
Alderman Pressly
Given the date of this request, I’m gathering, I know at the river forum that we had on the 15th, you
announced that you had this lined up. I gather it was sort of a hope at that time. It looks like it took a little
bit longer to get it lined up. I certainly am worried that it’s going to be enough to clean up. I’m certainly
aware that the Coliseum Ave and the area down that way, but the area that I think has much more public
purpose is what you can see from the bridge and what you can see at our mill buildings because those are
the views that people take pictures of. They’re probably the most famous views of our city. Those are the
areas that I’m worried about most. It seems like an awfully inexpensive price to pick up what a lot of us see
on a daily basis. Is there any way of knowing for sure just what they are able to pick up and will you let us
know when this is going to start so those of us who see it every day will have some way of observing and
monitoring and making sure that they are getting everything?
Finance – 09/18/13 Page 6
Mayor Lozeau
I believe that this is going to start next week if this gets approved. The dates that you see on page AG-1,
Article II on AG-1, at the bottom of the page: “The date of commencement shall be the date of the notice to
proceed. Substantial completion shall be…” it should be changed to October 18, 2013. They’re about 22
days behind schedule on the dam project as I’ve been talking about, primarily due to some of the extra work
that FERC has asked them to do with some testing and things like that. This project should take about two
weeks, but its weather dependent. They’re not going to go out with a barge doing some of this work in
pouring rain or that sort of thing. It’s going to clean from the coffer dam area where the crest gate project is
to Coliseum Ave. The majority of debris is between there and the mill yard technology park. Then it’s
relatively clean because there’s not a lot of people contact until you get to the area that I’ve talked about on
Coliseum Ave. One of the reasons that it’s as affordable as it is is because this is work that this company
does on a regular basis. They were recommended as you can see in the memo both from Methuen
Construction and HL Turner. If you Google the owner’s name, you would be I think pretty impressed with
his reputation and what he does cleaning the Merrimack. One of the other ways that we’re keeping this
affordable is because we’ve agreed to determine two or three locations throughout the project where he will
be cleaning and the city will be picking it up and disposing of it. That’s a way to manage some of that cost.
Any of the metal that he can scrap and make some profit on, he will be taking as part of the project. So
those are some of the ways that we’ve managed to keep the price down.
Alderman Pressly
Are these folks not also on site at the dam site?
Mayor Lozeau
They are not on site at the dam site. No.
Alderman Pressly
I’m sure that you’re aware that there’s lots of people out there already trying to pick up some of the metal
scrap. As much as it’s not advisable, people are out there walking on it. May I be personally notified when
you begin this?
Mayor Lozeau
Sure.
Alderman Pressly
So I have a commitment from you that somebody will notify me when they’re going to start.
Mayor Lozeau
I expect that they will start on Monday. It depends on the weather. If that changes, I’ll be happy to notify
you.
Alderman Pressly
That would be nice.
Alderman Deane
There’s no tipping fees associated with this, is there?
Finance – 09/18/13 Page 7
Mayor Lozeau
No, there is not.
Alderman Deane
They’ve been waived by the Public Works?
Mayor Lozeau
They’ve been waived by the City.
Alderman Deane
The public works board, right?
Mayor Lozeau
No, the public works board does not have to do that.
Alderman Deane
Since when?
Mayor Lozeau
Since ever that I’m aware of.
Alderman Deane
Are we going to be supplying roll-off containers for them to put stuff in?
Mayor Lozeau
It depends on what they need. We may do a roll-off container. We may just bring a truck. It depends on
what makes sense, and it depends on the location of where it is and how long it might be there.
Alderman Deane
Who’s the city?
Mayor Lozeau
If you’re asking me who waived the fees, Alderman Deane, I approved the waiver of the fees.
Alderman Deane
You did yourself.
Mayor Lozeau
I did.
Finance – 09/18/13 Page 8
Alderman Pressly
I’m assuming that the Cotton Mills’ location is one of the sites. I know they can launch a boat from there. I
assume that will be one of the spots where they place the debris. It’s sort of mid-point too. Is there any
other point that you know of where they’re going to be consolidating what they pick up for the city to come
and clean up?
Mayor Lozeau
No. As you can see in Exhibit B, the debris will be collected in two segments between the boat launch
located at the Mill Yard Technology Park to the Jackson Mills Dam, both sides, and along the banks of the
Nashua River along Coliseum Drive to the Everett Turnpike.
Alderman Pressly
At the boat ramp. Okay. That’s interesting.
Mayor Lozeau
It’s certainly easier to get to than the Cotton Mill site.
Alderman Pressly
Except it’s very accessible.
Mayor Lozeau
There’s an area that’s accessible where we are working on putting in a boat launch in between the property
owned by the church and the property owned by Cotton Mill. There are areas along Cotton Mill that are not
accessible because of the topography.
Alderman Pressly
Lots of construction.
Mayor Lozeau
I know he’s been out there. He’s made the decision; he suggested the locations and that’s fine with us.
Alderman Pressly
That’s fine. I’m delighted this is happening. I just look forward the further work along the Nashua River. I
think it’s so critically important to the community and to the imagine that we put forth. I’m delighted with this,
and thank you. I think the only one regret I have, I’m very sorry that you did not have your new committee
come in as an ordinance. I think it would have been nice to have the Board of Aldermen involved in your
new committee that we’ve talked about over the last three years or so. I understand that you have decided
to keep this just within your domain.
Mayor Lozeau
Alderman Pressly, I don’t think that’s a fair depiction. Often times mayors set up committees, advisory
committees that we look for recommendations. As a matter of fact before I was the mayor, you and I served
on one that Mayor Streeter put together: The Mayor’s Task Force on Affordable Housing. From time to
time, one of the first ones I did when I got here was on transportation. I included some aldermen in that.
Finance – 09/18/13 Page 9
I’ve included an alderman in this commission. The point of this commission is to come up with some
recommendations that then some of us can determine whether or not we support them and would like to
bring in legislation if that’s necessary or do things that they recommend. That’s the approach that we’ve
taken. I think it’s a solid approach. It’s certainly one that has worked very well for us in the past, working on
the skateboard park. It’s working on Holman Stadium. I’m sure that this commission will have some
thoughts and ideas, take their work seriously and then the full Board will be able to consider anything that
they recommend. All their meetings, as you know, I’ve asked for them to be public, to be noticed. We’re
creating a spot on the website where all their information can be seen, all the reports that we already have
that we’ve provided will be put up. I think this is going to be a great process.
Alderman Pressly
I’m well aware of that. What you’ve just said is not news. My issue is that like a lot of our committees, this
is a committee that has public money. This is a committee that has a huge, broad range of responsibility.
It’s something that we, as the Board of Aldermen, have talked about at many, many meetings. I think it
would have been nice to have included us. Many people, not just myself, thought it would come in as an
ordinance. I hope you’ll think about that in the future. Thank you very much. No.
Mayor Lozeau
Alderman Pressly, it’s not appropriate for you to tell me not to respond to something you say. If we’re
having a discussion that means that both of us have an opportunity to talk about it. I think it’s important that
some things get clarified. This committee does not have funds. The funds for this committee has to go
through this Board of Aldermen to be expended. The committee does not have access to these funds and
cannot expend them. They do not have an awesome responsibility. They have a huge task that we’ve
asked them to undertake and make recommendations on. They can’t go out and do any of these things
without going through a process. That will happen. That will happen.
Alderman Pressly
And may I speak now too?
Mayor Lozeau
Certainly.
Alderman Pressly
Yes, I know that you believe that. What I would like to say is that I think it would have been more
appropriate to have entered this as an ordinance so it would have included the Board of Aldermen in the
selection, the understanding, and the involvement of this task. It’s a huge project. It’s not like a single
purpose. I just wanted to express to you that I’m disappointed that you chose the route you did. Thank you.
Mayor Lozeau
You have expressed that to me multiple times now. I understand that.
Alderman Pressly
And you have expressed your opinion multiple times also. Thank you.
Mayor Lozeau
Exactly, that’s how it works.
Finance – 09/18/13 Page 10
Alderman Pressly
That’s right.
MOTION CARRIED
UNFINISHED BUSINESS – None
NEW BUSINESS – None
DISCUSSION
Mayor Lozeau
I had a couple of questions form the last finance committee meeting. Alderman Deane, the R2 designation
on the signage contract that we signed stands for speed limits. Alderman Craffey, there was a single
accident with the ambulance company at which they were not at fault. Alderman Pressly, I actually do have
a color copy of the river walk plan for you. When I ran in from the wake tonight, I just could not put my
hands on it on my desk. I will make sure that it’s in your packet on Friday.
Alderman Deane
When I looked through the Record of Expenditures I noticed the little credit card blurbs in the middle of the
pages that showed next to the check that was written out along with the five-digit. Is that how it’s going to be
presented from now on or is there going to be a separate page?
Mayor Lozeau
It’s going to be part of the Record of Expenditures. We went to great lengths to try to make it part of that
report.
Alderman Deane
When I look at some of the companies, I don’t know what they are. There was one in there from like Alico.
What is that?
Mayor Lozeau
I don’t where the Record of Expenditures is right now.
Alderman Deane
I don’t think you’d know anyways.
Mayor Lozeau
I don’t know what department it’s under or that sort of thing. We tried to put it in a way, but I would suggest
that you can submit your questions as you normally do on the Record of Expenditures.
Alderman Deane
Remember how we did it before?
Finance – 09/18/13 Page 11
Mayor Lozeau
It’s the same way. If there’s a question, you just submit it.
Alderman Deane
Before it would give a description of the expenditure. Obviously the ones to airlines are plane tickets and
the to restaurants are restaurants and the ones that are used at Demoulas. How many credit cards are now
out? There seems to be quite a few departments that are utilizing credit cards.
Mayor Lozeau
There’s aren’t. Let’s see if I can again recall off the top of my head. The Chief of Police, myself, the City
Treasurer, the City CFO. I think the schools have three, maybe four. I don’t think the Fire Chief has one.
He uses the treasurer’s if they need to. I think that’s about it. That’s how many are out there.
Alderman Deane
Public Works?
Mayor Lozeau
Does not have a credit card.
Alderman Deane
If a credit card is needed in a different department because there are charges made with credits in
departments that you didn’t name that are part of the warrant, they utilize someone else’s credit card like
the Treasurer’s or the CFO’s?
Mayor Lozeau
The treasurer or the CFO has to authorize the charge to the card.
Alderman Cookson
I had two questions, neither one of them affected the legislation that was before you this evening so I held
them until now. The first question I had was when you were discussing the TIF, the Tax Increment
Financing Advisory Board, you mentioned several names. Nick Caggiano, Michael Connolly. You didn’t
mention Cornelia Eschborn, but I think that’s who you may have been thinking of. Then Jen Hinderer form
the Library and Mark Maynard are the five individuals that are identified on the website as being on that
advisory board You also mentioned Kathy Hersh.
Mayor Lozeau
I believe there was a nomination that came through the Personnel/Administrative Affairs that could
potentially not be updated. Mark Maynard is not on it. He’s not an active member. He was on it originally
because he owned the property where Jackson Falls went.
Alderman Cookson
It identifies his end of term as 2005. It’s seems to be a little dated. That’s why I was asking about who was
on the committee, and you mentioned former Director Hersh as well. My second question was with the
second piece of legislation that was just passed, the vendor has identified a place to unload on Coliseum
Finance – 09/18/13 Page 12
and the Nashua River. Do you know exactly where because I’m having a difficult time on the GIS
identifying where that spot may be.
Mayor Lozeau
My best estimate would be based on where the most debris is. It’s between Shorty’s and Home Depot.
Right on that corner, that curve of the river.
Alderman Cookson
They would accumulate that on the bank and somehow the debris would be transported into a receptacle
and then transported out?
Mayor Lozeau
Similar to what we’ve done with the water chestnuts.
Alderman Cookson
But with the water chestnuts you had a boat ramp and you had the accessibility to launch a vehicle and to
bring it back to shore and get it back up on land where then dump the water chestnuts. I don’t see that
same availability on this property at Home Depot and Shorty’s.
Mayor Lozeau
They’re not using the same type of equipment. Unlike the harvester for the water chestnuts which didn’t
come ashore to dump, it actually dumped from the water onto the ground mostly because then we loaded it
into a dump truck, this clean up will have a platoon boat and some cranes and that sort of thing. I trust their
judgment on where they can put what they are taking out and how it will be removed.
Alderman Pressly
They’ll have to sort of lift it up.
Mayor Lozeau
They’ll pick it up and move it over which can happen.
Alderman Cookson
Would we be interrupting any type of business at either Shorty’s or Home Depot or do we have to get
permission to do this on their property?
Mayor Lozeau
We will not be interrupting any business and if we need permission to be on their property, I’m pretty
confident we can get it considering that a lot of the debris is because of their general area.
Alderman Cookson
You said the project starts on Monday, potentially depending on weather.
Finance – 09/18/13 Page 13
Mayor Lozeau
It’s going to be a little while before they get down to Coliseum.
Alderman Cookson
Very good. Those were my questions. I was just curious where on Coliseum that was actually going to
take place. Thank you very much, Mayor.
RECORD OF EXPENDITURES
MOTION BY ALDERMAN CHASSE THAT THE FINANCE COMMITTEE HAS COMPLIED WITH THE
CITY CHARTER AND ORDINANCES PERTAINING TO THE RECORD OF EXPENDITURES FOR THE
PERIOD AUGUST 30, 2013 TO SEPTEMBER 12, 2013
MOTION CARRIED
PUBLIC COMMENT
POSSIBLE NON-PUBLIC SESSION
ADJOURNMENT
MOTION BY ALDERMAN CRAFFEY TO ADJOURN
MOTION CARRIED
The Finance Committee meeting was adjourned at 7:18 p.m.
Alderman Paul M. Chasse
Committee Clerk
Agenda
FINANCE COMMITTEE
SEPTEMBER 18, 2013
6:45 PNI Aldermanic Chamber
ROLL CALL
PUBLIC COMMENT
COMMUNICATIONS
1. From: Robert Gabriel, Purchasing Manager
Re: Contract Award for Jackson Falls Riverwalk Bank Restoration
Requested by Community Development Division (Value: $77,637)
Department: 183 Economic Development; Fund: Riverfront Promenade TIF
Accounting Classification: 54 Property Services; **Balance After Purchase - $130,000
2. From: Robert Gabriel, Purchasing Manager
Re: Contract Award for Nashua River Cleanup Project (Value: $15,000)
Department: 183 Economic Development; Fund; General Fund Escrows;
Accounting Classification: 54 Property Services ; ** Balance After Purchase - $0
UNFINISHED BUSINESS - None
NEW BUSINESS - None
DISCUSSION
RECORD OF EXPENDITURES
PUBLIC COMMENT
POSSIBLE NON-PUBLIC SESSION
ADJOURNMENT
City of Nashua
Central Purchasing
229 Main Street
Nashua NH 03060
603-589-3330 Fax: 603-589-3344
September 3,2013
Memo #14-049
TO: MAYOR LOZEAU
FINANCE COMMITTEE
SUBJECT: CONTRACT AWARD FOR JACKSON FALLS RIVERWALK BANK RESTORATION
REQUESTED BY COMMUNITY DEVELOPMENT DIVISION (VALUE: $77,637)
DEPARTMENT: 183 ECONOMIC DEVELOPMENT; FUND: RIVERFRONT
PROMENADE TIF; ACCOUNTING CLASSIFICATION: 54 PROPERTY SERVICES
The City of Nashua has a Tax Increment Financing District (TIF) (0-03-171) and an adopted development
program and financing plan (R-03-197). The development program includes the rehabilitation of the
Nashua & Lowell Railroad Car House (Peddler's Daughter), the construction of Jackson Falls
condominiums, and construction of the Riverwalk. The program is a collaborative effort between the City
and private developers.
The purpose of this portion of the project is to remove the invasive species and revegetate theriverbank
with new plantings. The scope of work also includes a three year maintenance plan and restores the
railing along the Riverwalk,
Invitation for Bids was solicited from seven (7) firms with specifications posted on the City's website under
reference document 1FB0592-083013. A mandatory pre-bid took place on-site on August 14, 2013 with
seven (7) firms in attendance. Two (2) submittals were received and opened on August 30, 2013 as
summarized below:
Greenscapes Land Design Nashua NH $77,637
Morin's Landscaping Hollis NH $87,663
After a review of the bids, and references being checked satisfactorily, staff would like to recommend the
award to the low bidder, Greenscapes Land Design, in the amount of $77,637. The contract will include
removing the invasive plants and revegetating the river bank, restoring the Riverwalk railing, and
maintaining the planted areas for three years. Attached for your review are the various proposed site
drawings and bid tabulation. All the contract documents along with the proposed contract which has been
reviewed by both our Risk Management and Legal Departments are in the aldermanic office should you
wish to review them.
The Division of Community Development and this Office recommend awarding the contract in the amount
of $77,637 to low bidder, Greenscapes Land Design, Nashua, NH.
Respectfully,
r j J - ^
Robert Gabriel
Purchasing Manager
Cc: J. Griffin C. Sullivan R. Houston J.Graziano
0-03-171
ORDINANCE
ESTABLISHING A TAX INCREMENT FINANCING DEVELOPMENT DISTRICT
UNDER RSA162-K AND NRO 2-741, COMPRISED OF LAND IDENTIFIED AS TAX
MAP 43, LOT 66, APPROXIMATELY 1.2 ACRES, LYING EASTERLY OF MAIN
STREET ON THE NORTHERLY SIDE OF THE NASHUA RIVER
CITY OF NASHUA
In the Year Two Thousand and Three
The City of Nashua ordains that Chapter 2, Article X "Taxation and Finance,"
Division 1 "Generally," Section 2-741 "Authorizing the establishment of tax increment financing
districts for municipal economic development and revitalization", is hereby amended by adding a
new subsection a as follows:
"(a) The property identified as Tax Map 43, Lot 66, approximately 1.2 acres,
shall constitute a tax increment financing "development district"."
PASSED BY THE BOARD OF ALDERMEN - SEPTEMBER 16,2003
APPROVED BY THE MAYOR - SEPTEMBER 22,2003
ATTEST: PAUL R. BERGERON, CITY CLERK
R-03-197
RESOLUTION
ADOPTING A "DEVELOPMENT PROGRAM" AND "TAX INCREMENT FINANCING
PLAN" FOR A TAX INCREMENT FINANCING DEVELOPMENT DISTRICT UNDER
RSA 162-K AND NRO 2-741, COMPRISED OF LAND IDENTIFIED AS TAX MAP 43,
LOT 66, APPROXIMATELY 1.2 ACRES, LYING EASTERLY OF MAIN STREET ON
THE NORTHERLY SIDE OF THE NASHUA RIVER
CITY OF NASHUA
In the Year Two Thousand and Three
RESOLVED by the Board of Aldermen of the City of Nashua that the attached
"development program and tax increment financing plan" is hereby adopted for the tax
increment financing development district comprised of land identified as Tax Map 43, Lot 66,
approximately 1.2 acres, lying easterly of Main Street on the northerly side of the Nashua River.
PASSED BY THE BOARD OF ALDERMEN - SEPTEMBER 16, 2003
APPROVED BY THE MAYOR - SEPTEMBER 23, 2003
ATTEST: PAUL R. BERGERON, CITY CLERK
LANDSCAPE BIDS FOR JACKSON FALLS
GREENSCAPE $ 77,637.00
MORIN'S $ 87,663.00
Saints landscape DID NOT SHOW TO THE OPENING
DBU CONSTRUCTION DID NOT SHOW TO THE OPENING
SALMONS FALLS DID NOT SHOW TO THE OPENING
NETCO CONSTUCTION DID NOT SHOW TO THE OPENING
P&L LANSCAPE DID NOT SHOW TO THE OPENING
PROJECT AWARED TO GREEN SCAPE FOR 77,637
N a s h u a This map Is for reference purposes only. The
H v i r m n *
RIVERWALK LANDSCAPE City of Nashua makes no representation or
RESTORATION AREA iiuarantee as to the content, accuracy,
imellness, or completeness of any information
provided herein.
(IIS
City of Nashua
Central Purchasing
229 Main Street
Nashua NH 03060
603-589-3330 Fax: 603-589-3344
September 10,2013
Memo #14-050
TO: MAYOR LOZEAU
FINANCE COMMITTEE
SUBJECT: CONTRACT AWARD FOR NASHUA RIVER CLEANUP PROJECT (VALUE: $15,000)
DEPARTMENT: 183 ECONOMIC DEVELOPMENT; FUND; GENERAL FUND
ESCROWS; ACCOUNTING CLASSIFICATION: 54 PROPERTY SERVICES
The City isfacinga unique, once-in-a-decade opportunity to perform a thorough cleanup of material
(bikes, shopping carts, debris, etc.) located on the banks of the Nashua River. Work currently being
performed on the Jackson Mills Dam requieres that the water level in the river be temporarily lowered by
10 feet until the end of September, 2013. This has revealed assorted junk and trash deposited on the
now-exposed river banks. The purpose of the project is to clean debris located on theriverbanksand
within the river at the two separate locations listed below:
• Downtown Nashua between Millyard Technology Park and the Jackson Mills Dam, and
• a limited segment of theriverbehind Coliseum Ave, west of the FE Everett Turnpike.
Time is limited for this effort as the improvement project located at the Jackson Mills Dam is set to
conclude by thefirstweek of October. Once it concludes, the water level will rise to normal levels, once
again submerging the junk and debris.
it has become obvious that the City would require additional assistance to complete a specialized cleanup
of debris along the Nashua River. This is work that may be too dangerous to leave to a community-based
volunteer cleanup effort. The nature of the work will require a contractor experienced and skilled in river-
based debris recovery operations, utilizing a combination of removal approaches, including boats floating
in theriveras well as manual removal of debris along the shorelines.
Consultation with various partners, including HL Turner Company, the engineer designing the Jackson
Mills Dam, Methuen Construction, the contractor on the Dam Project and officials from various river
protection groups along the Nashua and Merrimack River all pointed to a Massachusetts-based non-profit
organization, Clean River Project. The organization has been working with communities in
Massachusetts since 2005 to clean up the Merrimack River. The organization raises funds, coordinates
volunteers and organizes major cleanup efforts along the Merrimack River. Pursuant to NRO § 5-84
(A)(4), Special purchasing procedures for sole-source procurements, please see the attached justification
letter from Director Galligani.
Rocky Morrison is a founding member of the organization and utilizes the resources of his firm, Reliable
Construction & Demolition to handle the removal of large debris from the river's edge for all of the Clean
River Project activities. As the Clean River Project only operates in Massachusetts and on the
Merrimack River, Rocky Morrison was asked to provide a quote for his firm, Reliable Construction, to
handle the cleanup of the Nashua River. The firm includes and possesses a skilled team of personnel
and specialized equipment to handle this kind of project.
The Economic Development Office of the Mayor and this Office recommend awarding the contract to
Reliable Construction & Demolition, Saiem, NH in the amount of $15,000.
Respectfully,
Robert Gabriel
Purchasing Managei
Cc: J. Griffin T. Galligani J. Graziano
City of Nashua Thomas F. Galligani, Jr.,
Economic Development Director
Office of the Mayor—Economic Development (603)589-3260
Fax (603)594-3450
229 Main Street - Nashua, NH 03060
To: Robert Gabriel, Purchasing Manager
From: Thomas F. Galligani, Jr., Economic Development Director
RE: SOLE SOURCE REQUEST: NASHUA RIVER CLEANUP - RELIABLE
CONSTRUC TION AND DEMOLITION / ROCKY MORRISON
Date: August 23, 2013
The City has chosen Reliable Construction & Demolition / Rocky Morrison to complete a cleanup of
the Nashua River at two locations, the area of Downtown Nashua between Millyard Technology Park
and the Jackson Mills Dam and a segment of the river behind Coliseum Ave, west of the F.E. Everett
Turnpike.
The City is facing a unique, once-in-a-decade opportunity to perform a thorough cleanup of material
(bikes, shopping carts, debris, etc.) located on the banks of the Nashua River. Work currently
performed on the Jackson Mills Dam has required that the water level in the Nashua River be
temporarily lowered by 10 feet until the end of September, 2013. This has revealed assorted junk
deposited on the now-exposed banks of the river.
It became obvious that the City would require additional assistance, beyond the capabilities of the
City of Nashua. The nature of the work will require a contractor experienced and skilled in a river-
based debris recovery operation, utilizing a combination of removal approaches, including boats
floating in the river as well as removal of debris by hand along the shoreline. There is limited time to
work as the dam construction project is rapidly approaching conclusion.
Consultation with various partners, including HL Turner Company, the engineer designing the
Jackson Mills Dam, Methuen Construction, the contractor on the Dam Project and officials from
various river protection groups along the Nashua and Merrimack River aJI pointed to the
Massachusetts-based non-profit organization, Clean River Project. The organization has been
working with communities in Massachusetts since 2005 to clean up the Merrimack River. The
organization raises funds, coordinates volunteer and organizes major cleanups of the Merrimack
River.
Rocky Morrison is a founding member of the organization and utilizes the resources of his firm,
Reliable Construction and Demolition to handle the removal of large debris from the river's edge for
all of the Clean River Project actions. As Clean River Project only operates in Massachusetts, Rocky
Morrison was asked to provide a quote for his firm, Reliable, to handle the cleanup of the Nashua
River.
Reliable Construction & Demolition is primarily a residential construction and demolition contractor
based in Salem, NH. However, the firm and its owner have a unique specialty—undertaking large-
scale debris removal projects.
Reliable Construction
84 Lake St. DATE: September 5, 2013
Salem. NH 03079
Office 603-898-0984, Cell 978-590-9374 FOR: Nashua River
Cleanup
City of Nashua
Atn: Thomas Galligani
229 Main St.
Nashua, NH 03061
(603)589-3260
DESCRIPTION AMOUNT
Proposal " Nashua River Cleanup Project"
Job consists of the removal of trash and debris in and along the Nashua riverbanks from
the public boat ramp to the Jackson Falls Dam.
Crane rental to lower trash barge (pontoon boat) into river. 2.800.00
Bobcat, front end loader, cost of operation, skilled operator. 3,500.00
Diesel Fuel 400.00
Boat Fuel, 2 cycle oil 400.00
Trucking expenses, dump trailer, equipment transfer, misc. 500.00
Skilled laborers (500+ hoursrivercleanup experience). 3,200.00
Boat operator, project manager 2,800.00
Project allowance to cover any unforseen, unexpected costs that may occur. 1,400.00
Approx. 5-6 large select trees will be removed from the waterway.
Nashua DPW will dispose of any trash, tires, and trees removed.
Reliable Construction to remove any metal debris from site for recycling and proper disposal.
TOTAL $ 15,000.00
Make all checks payable to Reliable Construction:
If you have any questions concerning this proposal, contact Rocky Morrison 978-590-9374;
reliableconstructionl @comcast.net.
EXHIBIT B
TO THE CONTRACT BETWEEN THE CITY OF NASHUA
AND
Reliable Construction & Demolition
SCOPE OF SERVICES
The Contractor will coordinate and complete a cleanup of debris along the Nashua River The river level
of the Nashua River has been lowered by approximately 8-10 feet due to recent construction work at the
Jackson Mills Dam. As a result, man-made and natural debris is exposed along the banks of the Nashua
River.
The Contractor will use boats and personnel to remove associated debris (shopping carts, bicycles, tires,
metal, tree trunks, etc.) from the water and by hand along the river banks. This debris will be
consolidated and stockpiled by the Contractor various locations mutually agreed upon by the Contractor
and the City. The City will transport this material and dispose of it at the Four Hills Landfill. Any
salvageable metal material will be disposed by the Contractor.
Debris will be collected in two segments along the Nashua River
• Between the boat launch located at the Millyard Technology Park to the Jackson Mills Dam (both
sides)
• Along the banks of the Nashua River along Coliseum Drive to the F.E. Everett Turnpike
It is expected that this work will take approximately 14 days to complete.
Activities will include:
Prior to beginning, Contractor and the City will tour the Nashua River at these two locations to
review the debris to be removed and locations to consolidate the debris on the River.
Contractor will systematically remove the debris from theriverand exposed riverbanks
Contractor will consolidate the material into stockpiles at the mutually agreed upon locations
The City will pack and transport the debris to the Four Hills Landfill.
Exhibit B - 1 of 1
EXHIBIT C
TO THE CONTRACT BETWEEN THE CITY OF NASHUA
AND
Reliable Construction & Demolition
CONTRACT TIME AND FEE SCHEDULE
Time of Performance
The services of the Contractor are to commence upon the signing of this Contract by all
parties and shall be undertaken and completed in such sequence as to assure their expeditious
completion in the light of the purposes of this contract as described in Exhibit B, Scope of
Services,
Fee Schedule
The Contractor agrees to provide the services of this Contract as outlined below.
FEE SCHEDULE
Non-refundable and due immediately upon contract signing $5,000
Upon completion of remaining services as outlined in Exhibit B - 10,000
Scope of Services
Total $15,000
Exhibit C - 1 of 1
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
This agreement is made:
BETWEEN the Owner: City of Nashua, New Hampshire
229 Main Street
Nashua, NH 03060
And the Contractor: Reliable Construction & Demolition
84 Lake St
Salem, NH 03079
For the following Project: Nashua River Cleanup Project
ARTICLE 1 - THE CONTRACT DOCUMENTS
The Contractor shall complete the work described in the Contract Documents for this project. The
documents consist of:
1. This Agreement signed by the Owner and Contractor, including the General Terms and
Conditions;
2. Scope of Work;
3. Schedule
4. Payment and Performance Bonds, if applicable;
5. Insurance Certificate;
6. Written change orders for minor changes in the Work issued after execution of this
Agreement; and
7. Fully Executed City of Nashua Purchase Order
The Contract represents the entire and integrated agreement between the parties and supersedes
prior negotiations, proposals, representations or agreements, either written or oral. Any other
documents which are not listed in this Article are not part of the Contract.
ARTICLE 2 - DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION DATE
The date of commencement shall be the date of the Notice to Proceed. Substantial Completion
shall be October 2. 2014.
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ARTICLE 3 - CONTRACT SUM
Subject to additions and deductions by Change Order, the Owner shall pay Contractor, in
accordance with the Contract Documents, the Contract Sum of:
FIFTEEN THOUSAND DOLLARS ($15.000,00)
The Contract Sum shall include all items and services necessary for the proper execution and
completion of the Work.
ARTICLE 4 - INSURANCE AND INDEMNIFICATION
Contractor shall carry and maintain in effect during the performance of services under this
contract:
> General Liability:
$1,000,000 per Occurrence
$2,000,000 Aggregate
City of Nashua Additional Insured
> Motor Vehicle Liability: 'Coverage must include all owned« non-owned and hired vehicles.
$1,000,000 Combined Single Limit
City of Nashua Additional Insured
> Workers' Compensation Coverage according to Statute of the State of New Hampshire:
$100,000 / $500,000 / $100,000
Contractor and subcontractors at every tier will fully comply with NH RSA Chapter 281-A,
"Workers' Compensation".
Contractor 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 Contractor are intended to and shall not in any manner limit or qualify the liabilities
and obligations assumed by Contractor under the contract. The City of Nashua shall not maintain
any insurance on behalf of Contractor. Subcontractors are subject to the same insurance
requirements as the Contractor and it shall be the Contractor's responsibility to ensure
compliance of this requirement
The parties agree that Contractor shall have the status of and shall perform all work under this
contract as an independent contractor, maintaining control over all its consultants, sub
consultants, contractors, or subcontractors. The only contractual relationship created by this
contract is between the City and Contractor, and nothing in this contract shall create any
contractual relationship between the City and Contractor's consultants, sub consultants,
contractors, or subcontractors. The parties also agree that Contractor is not a City employee and
that there shall be no:
1. Withholding of income taxes by the City:
2. Industrial insurance coverage provided by the City;
3. Participation in group insurance plans which may be available to employees of the City;
4. Participation or contributions by either the independent contractor or the City to the public
employee's retirement system;
5. Accumulation of vacation leave or sick leave provided by the City;
6. Unemployment compensation coverage provided by the City.
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Contractor 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 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, Employers' Liability and Auto Liability policies
must name the City of Nashua as an additional insured and reflect on the certificate of
insurance. Contractor 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, Contractor 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 Contractor of its responsibilities or
limit the amount of its liability to the City or other persons, and Contractor is encouraged to
purchase such additional insurance, as it deems necessary.
> 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.
> Contractor is responsible for and required to remedy all damage or loss to any property,
including property of the City, caused in whole or part by Contractor or anyone employed,
directed, or supervised by Contractor.
Regardless of any coverage provided by any insurance, Contractor agrees to indemnify and
shall defend and hold harmless the City, 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 Contractor or of anyone acting under
its direction or control or on its behalf in connection with or incidental to the performance of
this contract. Contractor'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.
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General Terms and Conditions
ARTICLE 5 - GENERAL PROVISIONS
1. The Contract represents the entire and integrated agreement between the parties and
supersedes prior negotiations, representations or agreements, either written or oral. The
Contract may be amended or modified only by a written modification.
2. The term "Work" means the construction and services required by the Contract
Documents, and include all other labor, materials, equipment and services provided by the
Contractor to fulfill the Contractor's obligations.
3. The intent of the Contract Documents is to include all items necessary for the proper
execution and completion of the Work by the Contractor. The Contract Documents are
complementary, and what is required by one shall be as binding as if required by all.
4. In the case of a discrepancy, calculated dimensions will govern over scaled dimensions,
Contract Drawings will govern over Standard Specifications, and Technical Specifications
will govern over both Contract Drawings and Standard Specifications. In the case of a
discrepancy between the Agreement and other Contract Documents, the more specific or
stringent obligation or requirement to the benefit of the Owner shall take precedence.
5. The Contractor shall take no advantage of any apparent error or omission in the Contract
Drawings or Technical Specifications, and the Engineer will be permitted to make such
corrections and interpretations as may be deemed necessary to fulfill the intent of the
Contract Documents.
ARTICLE 6 - OWNER
1. Except for permits and fees, which are the responsibility of the Contractor under the
Contract Documents, the Owner shall obtain and pay for other necessary approvals,
easements, assessments and charges.
2. If the Contractor fails to correct Work that is not in accordance with the Contract
Documents, the Owner may direct the Contractor in writing to stop the Work until the
correction is made.
3. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract
Documents and fails within a seven 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. In such case, a Change
Order shall be issued deducting the cost of correction from payments due the Contractor.
4. The Owner reserves the right to perform construction or operations related to the project
with the Owner's own forces, and to award separate contracts in connection with other
portions of the project.
5. The Contractor shall coordinate and cooperate with separate Contractors employed by the
Owner.
6. Costs caused by delays or by improperly timed activities or defective construction shall be
borne by the responsible party.
ARTICLE 7 - CONTRACTOR
1. Execution of the Contract by the Contractor is a representation that the Contractor has
visited the site, become familiar with local conditions under which the Work is to be
performed and correlated personal observations with requirements of the Contract
Documents.
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2. The Contractor shall carefully study and compare the Contract Documents with each other
and with information furnished by the Owner. Before commencing activities, the
Contractor shall: (1) take field measurements and verify field conditions; (2) carefully
compare this and other information known to the Contractor with the Contract Documents;
and (3) promptly report errors, inconsistencies or omissions discovered to the Owner.
3. Within ten (10) days of notification of award, and prior to commencement of work, the
Contractor shall obtain and forward to Owner a Performance Bond and a Payment Bond
representing 100% of the contract work.
4. The Contractor shall supervise and direct the Work, using the Contractor's best skill and
attention. The Contractor shall be solely responsible for and have control over
construction means, methods, techniques, sequences and procedures, and for
coordinating all portions of the Work.
5. The Contractor, as soon as practicable after award of the Contract, shall furnish in writing
to the Owner the names of subcontractors or suppliers for each portion of the Work. The
Owner will promptly reply to the Contractor in writing if, after due investigation, he has
reasonable objection to the subcontractors or suppliers listed.
6. Unless otherwise provided in the Contract Documents, the Contractor shall provide and
pay for labor, materials, equipment, tools, utilities, transportation, and other facilities and
services necessary for proper execution and completion of the work.
7. The Contractor shall deliver, handle, store and install materials in accordance with
manufacturers' instructions.
8. The Contractor warrants to the Owner that (1) materials and equipment furnished under
the contract will be new and of good quality unless otherwise required or permitted by the
Contract Documents; (2) the Work will be free from defects not inherent in the quality
required or permitted; and (3) the Work will conform to the requirements of the Contract
Documents.
9. The Contractor shall pay sales, consumer, use and similar taxes that are legally required
when the Contract is executed.
10. The Contractor shall obtain and pay for the building permit and other permits and
governmental fees, licenses and inspections necessary for proper execution and
completion of the Work.
11. The Contractor shall comply with and give notices required by agencies having jurisdiction
over the Work. If the Contractor performs Work knowing it to be contrary to laws, statutes,
ordinances building codes, and rules and regulations without notice to the Owner, the
Contractor shall assume full responsibility for such Work and shall bear the attributable
costs. The Contractor shall promptly notify the Owner in writing of any known
inconsistencies in the Contract Documents with such governmental laws, rules and
regulations.
12. The Contractor shall promptly review, approve in writing and submit Shop Drawings,
Product Data, Samples and similar submittals required by the Contract Documents. Shop
Drawings, Product Data, Samples and similar submittals are not Contract Documents.
13. The Contractor shall confine operations at the site to areas permitted by law, ordinances,
permits, the Contract Documents and the Owner.
14. The Contractor shall be responsible for cutting, fitting or patching required to complete the
Work or to make its parts fit together properly.
15. The Contractor shall keep the premises and surrounding area free from accumulation of
debris and trash related to the Work.
ARTICLE 8 - CHANGES IN THE WORK
1. After execution of the Contract, changes in the Work may be accomplished by Change
Order or by order for a minor change in the Work. The Owner, without invalidating the
Contract, may order changes in the Work within the genera) scope of the Contract
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consisting of additions, deletions or other revisions, the Contract Sum and Contract Time
being adjusted accordingly.
2. A Change Order shall be a written order to the Contractor signed by the Owner to change
the Work, Contract Sum or Contract Time.
3. Change Order requests must include material and equipment cost plus labor with a profit
margin of no more than 10%. Change Orders may require approval by the City of Nashua
Works and the City of Nashua Finance Committee vote prior to proceeding.
4. The Owner will have authority to order minor changes in the Work not involving changes in
the Contract Sum or the Contract Time and not inconsistent with the intent of the Contract
Documents. Such changes shall be written orders and shall be binding on the Owner and
Contractor. The Contractor shall carry out such written orders promptly.
5. If concealed or unknown physical conditions are encountered at the site that differ
materially from those indicated in the Contract Documents or from those conditions
ordinarily found to exist, the Contract Sum and Contract Time shall be subject to equitable
adjustment following authorization of the Owner to the charges.
ARTICLE 9 - TIME
1. Time limits stated in the Contract Documents are of the essence to the Contract.
2. If the Contractor is delayed at any time in progress of the Work by changes ordered in the
Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or
other causes beyond the Contractor's control, the Contract Time shall be extended by
Change Order for such reasonable time as may be determined.
A R T I C L E 10 - P A Y M E N T S A N D C O M P L E T I O N
1. The Contract Sum stated in the Agreement, including authorized adjustments, is the total
amount payable by the Owner to the Contractor for performance of the Work under the
Contract Documents.
2. At least ten days before the date established for each progress payment, the Contractor
shall submit an itemized Application for Payment for operations completed in accordance
with the values stated in the Agreement. Such application shall be supported by such data
substantiating the Contractor's right to payment as the Owner may reasonably require.
3. 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.
4. The Contractor warrants that title to all Work covered by an Application for Payment will
pass to the Owner no later than the time of payment. The Contractor further warrants that
upon submittal of an Application for Payment, all Work for which Certificates for Payment
have been previously issued and payments received from the Owner shall, to the best of
the Contractor's knowledge, information and belief, be free and clear of liens, claims,
security interests or other encumbrances adverse to the Owner's interests.
AG-6
5. OWNER shall make payments on the basis of Contractors Application for Payment,
approximately 30 days from the time the final payment application is received by the
Owner, depending upon the timing of submittals and approvals.
6. The Contractor shall promptly pay each Subcontractor and material supplier out of the
amount paid to the Contractor on account of such entities' portion of the Work.
7. The Owner shall have no responsibility for the payment of money to a Subcontractor or
material supplier.
8. An Application for Payment, a progress payment, or partial or entire use or occupancy of
the project by the Owner shall not constitute acceptance of Work not in accordance with
the requirements of the Contract Documents.
9. Substantial completion is the stage in the progress of the Work when the Work or
designated portion thereof is sufficiently complete in accordance with the Contract
Documents so the Owner can occupy or utilize the Work for its intended use.
10. When the Work or designated portion thereof is substantially complete, the Contractor and
Owner shall establish responsibilities for completion and shall fix the time within which the
Contractor shall finish all items on the list accompanying the Certificate. Warranties
required by the Contract Documents shall commence on the date of Substantial
Completion of the Work or designated portion thereof unless otherwise provided in the
Certificate of Substantial Completion.
11. Upon receipt of a final Application for Payment, the Owner will inspect the Work. When he
finds the Work acceptable and the Contract fully performed, the Owner will promptly issue
a final Certificate for Payment
12. Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall
constitute a waiver of claims by that payee except those previously made in writing and
identified by that payee as unsettled at the time of final Application for Payment.
ARTICLE 11- RETAIN AGE
1. Prior to Substantial Completion, progress payments will be made in an amount equal to
the percentage indicated below, but, in each case, less the aggregate of payments
previously made;
a. 90% of Work completed (with balance being retainage). If Work has been
50% completed ,as determined by Owner, and if the character and
progress of the Work have been satisfactory to Owner, the Owner may
determine that as long as the character and progress of the Work remain
satisfactory to them, there will be no retainage on account of Work
subsequently completed, in which case the remaining progress payments
prior to Substantial Completion will be in an amount equal to 100% of the
Work completed less the aggregate of payments previously made; and
b. 90% of cost of materials and equipment not incorporated in the Work (with
the balance being retainage).
2. Upon final completion and acceptance of the Work, Owner shall hold 2% retainage during
the warranty period and release it only after the project has been accepted.
ARTICLE 12- PROTECTION OF PERSONS AND PROPERTY
1. The Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs, including all those required by law in connection with
performance of the Contract. The Contractor shall promptly remedy damage and loss to
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property caused in whole or in part by the Contractor, or by anyone for whose acts the
Contractor may be liable.
ARTICLE 13 - CORRECTION OF WORK
1. The Contractor shall promptly correct Work rejected by the Owner as failing to conform to
the requirements of the Contract Documents. The Contractor shall bear the cost of
correcting such rejected work.
2. In addition to the Contractor's other obligations including warranties under the Contract,
the Contractor shall, for a period of one year after Substantial Completion, correct work not
conforming to the requirements of the Contract Documents.
3. If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner
may correct it and the Contractor shall reimburse the Owner for the cost of the correction.
ARTICLE 14 - PROHIBITED INTERESTS
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. Contractor warrants that no officer or employee of
the City has any direct or indirect interest, whether contractual, non-contractual, financial or
otherwise, in this contract or in the business of the Contractor. 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. Contractor further warrants that no person having such an interest shall be
employed in the performance of this contract. If any such interest comes to the attention of
Contractor at any time, a full and complete disclosure of the interest shall be immediately made in
writing to the City. If City determines that a conflict exists and was not disclosed to the City, it
may terminate the contract at will or for cause.
ARTICLE 15 - TERMINATION OF THE CONTRACT
1. If the Owner fails to make payment when due or substantially breaches any other
obligation of this Contract, following fifteen days' written notice to the Owner, the
Contractor may terminate the Contract and recover from the Owner payment for work
executed.
2. The Owner may terminate the contract for cause if the Contractor:
> persistently or repeatedly refuses or fails to supply enough properly skilled workers;
> fails to make payment(s) to Subcontractors for labor or materials in accordance with
the respective agreements between the Contractor and Subcontractors;
> disregards laws, ordinanances, rules, regulations, or orders of any public authority
having jurisdiction; or
> is otherwise guilty of a substantial breach of a provision of the Contract Documents.
3. If the Owner has decided to terminate the contract for cause, the Owner, without prejudice
to any other rights or remedies of the Owner, and after giving the Contractor and the
Contractor's surety, if any, seven days' written notice, shall terminate the employment of
the Contractor and may finish the Work by whatever reasonable method the Owner
may deem expedient.
4. If the Contract has been terminated by the Owner for cause, the Contractor shall not be
entitled to receive further payment until the work is finished. If the unpaid balance of the
Contract Sum exceeds the cost of finishing the Work, such excess shall be paid to the
Contractor. If the cost of finishing the Work exceeds the unpaid balance, the Contractor
shall pay the difference to the Owner. This obligation for payment shall survive
termination of the Contract.
AG-8
5. The Owner also has the right to terminate this Contract, in whole or in part, without cause,
upon fifteen days' written notice. As of the date specified in the notice, Contractor shall
stop all performance under this Contract, except as otherwise directed by the Owner,
provide the Owner with a list of all unperformed services, and take such action relative
thereto as Contractor may be directed by the Owner. The Owner agrees to pay for all
work that has been performed and equipment that has been installed or is on order and
the order cannot be cancelled.
ARTICLE 16- MISCELLANEOUS PROVISIONS
1. Neither party to the Contract shall assign the Contract as a whole without written consent
of the other.
2. Tests, inspections and approvals of portions of the Work required by the Contract
Documents or by laws, ordinances, rules, regulations or orders of public authorities having
jurisdiction shall be made at an appropriate time.
3. If additional testing is required, the Contractor shall perform these tests.
4. The Owner shall pay for tests except for testing Work found to be defective for which the
Contractor shall pay.
5. The Contract shall be governed exclusively by the law of the State of New Hampshire, and
any litigation shall be brought in a court located in the State of New Hampshire.
City of Nashua (signature) Contractor (signature)
Donnalee Lozeau. Mayor
(Printed Name and Title) (Printed Name and Title)
Date Date
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