Finance Committee

FINANCE COMMITTEE MARCH 16, 2016 7:00 PM Aldermanic Chamber ROLL CALL PUBLIC COMMENT COMMUNICATIONS From: Dan Kooken, Purchasing Manager Re: Award of Library HVAC Maintenance Agreement (Value: Not To Exceed $15,000) Department: Library; Fund: General Fund; Account Classification: 54 Property Services From: Dan Kooken, Purchasing Manager Re: Cartegraph Systems Amendment #2 (Value: $15,000) Department: 161 Streets; Fund: General; Account Classification: 55 Other Service Department: 169 Wastewater; Fund: Wastewater; Activity: Sewer Rehab From: Dan Kooken, Purchasing Manager Re: Purchase of One (1) New 2014 Ford Transit Connect Wagon XLT (Value: $24,357) Department: 130 Purchasing; Account Description: 2016 CERF-Vehtcles UNFINISHED BUSINESS - None NEW BUSINESS - RESOLUTIONS R-16-016 Endorsers: Mayor Jim Donchess Alderman Ken Siegel Alderman-at-Large Brian S. McCarthy Alderwoman Mary Ann Melizzi-Golja AUTHORIZING THE CITY OF NASHUA TO ENTER INTO A FIRST AMENDMENT TO LEASE AGREEMENT WITH MAKEIT LABS FOR A PORTION OF 25 CROWN STREET NEW BUSINESS - ORDINANCES - None DISCUSSION RECORD OF EXPENDITURES PUBLIC COMMENT POSSIBLE NON-PUBLIC SESSION ADJOURNMENT  THE CITY OF NASHUA C a t e City . Financial Services Purchasing Department March 10, 2016 Memo #16-117 TO; MAYOR DONCHESS FINANCE COMMITTEE SUBJECT: AWARD OF LIBRARY HVAC MAINTENANCE AGREEMENT (VALUE: NOT TO EXCEED $15,000) DEPARTMENT: LIBRARY; FUND: GENERAL FUND ACCOUNT CLASSIFICATION: 54 PROPERTY SERVICES Please see attached communication from Jennifer McCormack, Library Director dated March 17, 2016 for the 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 Library Director and the Purchasing Department recommend awarding multi-year contract to Palmer and Sicard of Exeter, NH in an amount not to exceed $15,000. This is a two (2) year contract with an option for a third year renewal. Respectfully, Dan Kooken Purchasing Manager Ce: J McCormack J Graziano 2 2 9 Main Street • Nashua, New Hampshire 0 3 0 6 1 • Phone ( 6 0 3 ) 5 8 9 - 3 3 3 0 • Fa* ( 6 0 3 ) 5 8 9 - 3 3 4 4  • : Nashua - Public Library February 17, 2016 To: John Griffin, CFO From: Jennifer McCormack, Director RE: HVAC maintenance agreement Mr. Griffin: After an evaluation of our HVAC system by an energy consultant the library solicited bids for a maintenance agreement for all of our HVAC mechanical equipment and systems. This agreement will ensure regular thorough inspections and service on all components and will provide early identification of problems and the steps needed to correct them. Since this will be a multi-year contract I understand that it must be approved by the finance committee. An invitation for bids (RFP0292-021216) was sent to 4 vendors and posted on the city's website on January 20, 2016. A mandatory pre-bid conference was held on Tuesday, January 26, 2017 and was attended by representatives from five (5) companies. We received bids from 5 vendors ranging in base price from $2,330 - $16,060 annually for 2 years with an option for a third year renewal. Based on our evaluation of the proposals I recommended that Palmer and Sicard be awarded the contract in the amount of $2,330 for this service. Palmer and Sicard proposed the lowest annual cost and they have prior experience with our HVAC system from their installation of our new boilers in 2012. Attached please find a summary sheet of the proposed annual maintenance agreement costs and hourly rates for repairs. This project will be paid for from our HVAC maintenance account, with service expected to begin in April, 2016. Sincerely, Jennifer McCormack, Library Director 2 Court Street | Nashua, NH 03060 | 603.589.4600 | www.nashualibrary.org NASHUA PUBLIC LIBRARY HVAC MAINTENANCE BIDS FEBRUARY 2016 AAA Energy Service • Auburn, NH YEAR 1 YEAR 2 YEAR 3 Annual Maint Plan (one-time fee) No Charge n/a n/a Preventative Maint (annual fees) total S 4,968.00 $ 4,968.00 $ 5,112.00 Labor $ 4,733.00 $ 4,733.00 $ 4,870.00 Materials S 235.00 $ 235.00 $ 242.00 Repair labor during regular hours including travel expenses (hourly) Supervisor $91.00/$84.00* $91.00/$84.00* $94.00/$87.00* Mechanic 591.00/$40.00* $91.00/$40.00* $94.00/$42.00* Electrician n/a n/a n/a Plumber n/a n/a n/a Repair Labor during overtime hours including travel expenses (hourly) Supervisor $124.00/ $118.00* $124.00 / $118.00* $128.00/5122.00* Mechanic $124.00/$40.00* $124.00/$40.00* $128.00/$42.00* Electrician n/a n/a n/a Plumber n/a n/a n/a Repair Materials (mark-up 20% 20% 20% Emergency Service (visit fee) N/A N/A N/A Regular Included in applicable rates Included In applicable rates Included In applicable rates Overtime listed above listed above listed above * - "Alternative Bid" lists lower labor rates for both regular and overtime hours Controlled Systems HVAC, Inc. Salem, NH YEAR 1 YEAR 2 YEAR 3 Annual Maint Plan (one-time fee) No Charge n/a n/a Preventative Maint (annual fees) labor $ 16,060.00 $ 16.S41.80 $ 17,038.05 Materials $ 600.00 $ 618.00 $ 636.S4 Repair Labor during regular hours including travel expenses (hourly) Supervisor Mechanic $96.00 (+$35 1st hour) $98.88 (+$3$ 1st hour) $101.84 (+$35 1st hour) Electrician Plumber Repair Labor during overtime hours including travel expenses (hourly) Supervisor Mechanic $144.00 (+$3$ 1st hour) $148.32 (+$35 1st hour) $152.76(+$35 ¿ t h o u r j ~ Electrician Plumber Repair Materials {mark-up %) 15% 15% 1S% Emergency Service (visit fee) Regular 5 179.00 $ 183.32 $ 187.76 Overtime $ 251.00 $ 257.48 $ 264.15 Mechanical Construction Services, Inc. Windham, NH YEAR 1 YEAR 2 YEAR 3 Annual Maint Plan (one-time fee) No Charge n/a n/a Preventative Maint (annual fees) $ 3,096.00 5 3,096.00 $ 3,096.00 Labor Materials Repair Labor during regular Hours including travel expenses (hourly) $80 $80 $80 Supervisor Mechanic Electrician Plumber Repair Labor during overtime hours Including travel expenses (hourly) $12$ $125 $125 Supervisor Mechanic Electrician Plumber Repair Materials (mark-up %) 30% 30% 30% Emergency Service (visit fee) Regular $ 80.00 $ 80.00 5 80.00 Overtime $ 125.00 $ 125 00 $ 12500 NASHUA PUBLIC LIBRARY H VAC MAINTENANCE BIOS FEBRUARY 2016 Palmer & Heard, Inc. Exeter, NH YEAR 1 YEAR 2 YEAR 3 Annual Maint Plan (one-time fee) No Charge n/a n/a Preventative Maint (annual fees) S 2,330.00 $ 2,330.00 $ 2,330.00 Labor Materials Repair Labor during regular hours including travel expenses (hourly) $ BS.00 $ 85.00 $ 85.00 Supervisor Mechanic Electrician Plumber $ 70.00 S 70.00 S 70.00 Repair Labor during overtime hours Including travel expenses (hourly) S 127.50 S 127.50 S 127.50 Supervisor Mechanic Electrician Plumber S 105.00 S 105.00 S 105.00 Repair Materials (mark-up %) 30» 30» 30% Emergency Service (visit fee) Regular same as listed above same as listed above same as listed above Overtime same as listed above same as listed above same as listed above Sam Mechanical Services, LLC Hooksett, NH YEAR 1 YEAR 2 YEAR 3 Annual Maint Plan (one-time fee) $ 300.00 n/a n/a Preventative Maint (annual fees) Labor $ 5,400.00 $ 5,400.00 S 5,940.00 Materials $ 450.00 $ 450.00 S 495.00 Repair Labor during regular hours including travel expenses (hourly) Supervisor $ 95.00 $ 95.00 S 104.50 Mechanic $ 89.00 $ 89.00 $ 97.90 Electrician $ 75.00 S 75.00 S 82.50 Plumber S 89.00 S 89.00 $ 97.90 Repair Labor during overtime hours including travel expenses (hourly) Supervisor S 95.00 $ 95.00 $ 104.50 Mechanic S 125.00 $ 125.00 S 137.50 Electrician $ 105.00 $ 105.00 $ 115.50 Plumber S 125.00 $ 125.00 S 137.50 Repair Materials (mark-up %) 29% 29% 29% Emergency Service (visit fee) Regular S 95.00 S 95.00 $ 104.50 Overtime $ 135.00 5 135.00 $ 148.50  CONTRACT FOR SERVICE PROVIDER TITLE: A CONTRACT BETWEEN THE C I T Y OF N A S H U A , 2 2 9 M A I N S T R E E T , N A S H U A , N H 0 3 0 6 1 - 2 0 1 9 AND P A L M E R AND S I C A R D , INC. N A M E AND TITLE OF SERVICE PROVIDER 1 4 0 EPPINC RD. EXETER, N H 0 3 8 3 3 ADDRESS OF SERVICE PROVIDER WHEREAS, the City of Nashua, a political subdivision of the State of New Hampshire, from time to time requires the services of a Service Provider; and WHEREAS, it is deemed that the services of a Service Provider herein specified are both necessary and desirable and in the best interests of the City of Nashua; and WHEREAS, Service Provider represents they are duly qualified, equipped, staffed, ready, willing and able to perform and render the services hereinafter described; NOW, THEREFORE, in consideration of the agreements herein made, the parties mutually agree as follows: 1. DOCUMENTS INCORPORATED. The Service Provider shall complete the work described in the Contract Documents. The following are by reference incorporated herein and are made part of this contract: 1. This Agreement signed by the City of Nashua and Service Provider, including the General Terms and Conditions. 2. Bid Form or Proposal 3. Insurance Certificate 4. Written change orders or orders for minor changes in the Work issued after execution of this Agreement; and 5. 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, 2. WORK TO BE PERFORMED. Except as otherwise provided in this contract, Service Provider shall furnish all services, equipment, and materials and shall perform all operations necessary and required to carry out and perform the work as described in and in accordance with the specifications in the City of Nashua's request for proposals and the terms and conditions of the contract. 3. PERIOD OF PERFORMANCE. Service Provider shall perform and complete all work within the time periods set forth. The time periods may only be altered by the parties by a written agreement to extend the period of performance or by termination in accordance with the terms of the contract. Service Provider shall begin performance upon receipt of an Executed Contract and a valid Purchase Order issued from the City. 1 | Page The term of the contract shall be for one (1) year with the option, at the City's sole discretion, of one ( I ) one (1) year extensions. Such extensions shall be on the same terms and conditions, including but not limited to pricing, as the first year. Each year is subject to annual budget appropriations. The term of the contract shall be for two (2) years commencing on or about April 1 , 2 0 1 6 and terminating on March 3 0 . 2 0 1 8 . 4. Compensation. Service Provider agrees to perform the work for a total cost not to exceed $2,330 The Contract Sum shall include all items and services necessary for the proper execution and completion of the Work. Unless Service Provider has received a written exemption from the City of Nashua, Service Provider shall submit an itemized Application for Payment for operations completed in accordance with the values stated in the Agreement. Such applications shall be supported by such data substantiating the Service Provider's right to payment as the City of Nashua may reasonably require. Service Provider shall submit monthly requests for payment for services performed under this agreement directly to: City of Nashua Accounts Payable P O Box 2019 Nashua, NH 03061-2019 Attcn: To facilitate the proper and timely payment of applications, the City of Nashua requires that all invoices contain a valid PURCHASE O R D E R NUMBER. Applications for Payment shall be submitted no later than fifteen (15) days after the end of each month. The City of Nashua will pay for work satisfactorily completed by Service Provider within thirty (30) days from the time of final approval by the City of Nashua of the submitted Application for Payment 5. EFFECTIVE DATE OF CONTRACT. This contract shall not become effective until and unless approved by the City of Nashua. 6. NOTICES. All notices, requests, or approvals required or permitted to be given under this contract shall be in writing, shall be sent by hand delivery, overnight carrier, or by United States mail, postage prepaid, and registered or certified, and shall be addressed to: CITY OF NASHUA REPRESENTATIVE: SERVICE PROVIDER REPRESENTATIVE: Any notice required or permitted under this contract, if sent by United States mail, shall be deemed to be given to and received by the addressee thereof on the third business day after being deposited in the mail. The City of Nashua or Service Provider may change the address or representative by giving written notice to the other party 2 | Page  General Terms and Conditions 1. DEFINITIONS. Unless otherwise required by the context, "Service Provider" includes any of the Service Provider's consultants, sub consultants, contractors, and sub-contractors 2. SERVICE PROVIDER STATUS AND PROVISION OF WORKERS' COMPENSATION COVERAGE. The parties agree that Service Provider 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 sub- contractors. The only contractual relationship created by this contract is between the City of Nashua and Service Provider, and nothing in this contract shall create any contractual relationship between the City of Nashua and Service Provider's consultants, sub consultants, contractors, or sub-contractors. The parties also agree that Service Provider 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 Service Provider 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. Service Provider agrees, if not exempt, to maintain required workers' compensation coverage throughout the entire term of the contract. If Service Provider does not maintain coverage throughout the entire term of the contract, Service Provider agrees that the City of Nashua may, at any time the coverage is not maintained by Service Provider, order the Service Provider to stop work, suspend the contract, or terminate the contract. For each six-month period this contract is in effect, Service Provider agrees, prior to the expiration of the six- month period, to provide another written request to its insurer for the provision of a certificate and notice of lapse in or nonpayment of coverage. If Service Provider does not make the request or does not provide the certificate before the expiration of the six-month period, Service Provider agrees that the City of Nashua may order the Service Provider to stop work, suspend the contract, or terminate the contract. 3. STANDARD OF CARE. Service Provider shall be responsible for the quality, accuracy, timely completion, and coordination of all work performed under this contract. Service Provider warrants that all work shall be performed with the degree of skill, care, diligence, and sound practices and judgment that are normally exercised by recognized firms with respect to services of a similar nature. It shall be the duty of Service Provider 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, Service Provider 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 Service Provider's failure to perform in accordance with this standard of care. Any approval by the City of Nashua of any services furnished or used by Service Provider shall not in any way relieve Service Provider 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 Service Provider'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 Service Provider shall be and remain liable in accordance with the terms of the contract and applicable law.Service Provider shall furnish competent and skilled personnel to perform the work under this contract. 4. CHANGES TO SCOPE OF WORK. The City of Nashua may, at any time, by written order, make changes to the general scope, character, or cost of this contract and in the services or work to be performed, either increasing or decreasing the scope, character, or cost of Service Provider's performance under the contract. Service Provider shall provide to the City of Nashua within 10 calendar days, a written proposal for accomplishing the change. The proposal for a change shall provide enough detail, including personnel hours for each sub-task and cost breakdowns of tasks, for the City of Nashua to be able to adequately analyze the 3 | Page proposal. The City of Nashua will then determine in writing if Service Provider should proceed with any or all of the proposed change. If the change causes an increase or a decrease in Service Provider's cost or time required for performance of the contract as a whole, an equitable adjustment shall be made and the contract accordingly modified in writing. Any claim of Service Provider for adjustment under this clause shall be asserted in writing within 30 days of the date the City notified Service Provider of the change. 5. DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR DISCREPANCIES. PROFESSIONAL Service Provider warrants that it has examined all contract documents, has brought all conflicts, errors, discrepancies, and ambiguities to the attention of the City of Nashua in writing, and has concluded that the City of Nashua's resolution of each matter is satisfactory to Service Provider. All future questions Service Provider may have concerning interpretation or clarification of this contract shall be submitted in writing to the City of Nashua within 10 calendar days of their arising. The writing shall state clearly and in full detail the basis for Service Provider's question or position. The City of Nashua representative shall render a decision within 15 calendar days. The City of Nashua's decision on the matter is final. Any work affected by a conflict, error, omission, or discrepancy which has been performed by Service Provider prior to having received the City of Nashua's resolution shall be at Service Provider's risk and expense. At all times, Service Provider shall carry on the work under this contract and maintain and complete work in accordance with the requirements of the contract or determination of the City of Nashua. Service Provider is responsible for requesting clarification or interpretation and is solely liable for any cost or expense arising from its failure to do so. 6. TERMINATION OF CONTRACT. A. TERMINATION, ABANDONMENT, O R SUSPENSION A T W I L L . T h e C i t y o f N a s h u a , in its sole discretion, shall have the right to terminate, abandon, or suspend all or part of the project and contract at will. If the City of Nashua chooses to terminate, abandon, or suspend all or part of the project, it shall provide Service Provider 10 day's written notice of its intent to do so. If all or part of the project is suspended for more than 90 days, the suspension shall be treated as a termination at will of all or part of the project and contract. Upon receipt of notice of termination, abandonment, or suspension at will, Service Provider shall: 1. Immediately discontinue work on the date and to the extent specified in the notice. 2. provide the City of Nashua with a list of all unperformed services 3. Place no further orders or sub-contracts for materials, services, or facilities, other than as may be necessary or required for completion of such portion of work under the contract that is not terminated. 4. Immediately make every reasonable effort to obtain cancellation upon terms satisfactory to the City of Nashua of all orders or sub contracts to the extent they relate to the performance of work terminated, abandoned, or suspended under the notice, assign to the City of Nashua any orders or sub contracts specified in the notice, and revoke agreements specified in the notice. 5. Not resume work after the effective date of a notice of suspension until receipt of a written notice from the City of Nashua to resume performance. In the event of a termination, abandonment, or suspension at will, Service Provider shall receive all amounts due and not previously paid to Service Provider for work satisfactorily completed in accordance with the contract prior to the date of the notice and compensation for work thereafter completed as specified in the notice. No amount shall be allowed or paid for anticipated profit on unperformed services or other unperformed work. B. TERMINATION FOR CAUSE. This agreement may be terminated by the City of Nashua on 10 calendar day's written notice to Service Provider in the event of a failure by Service Provider to adhere to any or all the terms and conditions of the contract or for failure to satisfactorily, in the sole opinion of the City of Nashua, to complete work in a timely and professional manner. Service Provider shall be given an 4 | Page opportunity for consultation with the City of Nashua prior to the effective date of the termination. Service Provider may terminate the contract on 10 calendar days written notice if, through no fault of Service Provider, the City of Nashua fails to pay Service Provider for 30 days after the date of approval of any Application for Payment. In the event of a termination for cause, Service Provider shall receive all amounts due and not previously paid to Service Provider for work satisfactorily completed in accordance with the contract prior to the date of the notice, less all previous payments. N o amount shall be allowed or paid for anticipated profit on unperformed services or other unperformed work. Any such payment may be adjusted to the extent of any additional costs occasioned to the City of Nashua by reasons of Service Provider's failure. Service Provider shall not be relieved of liability to the City of Nashua for damages sustained from the failure, and the City of Nashua may withhold any payment to the Service Provider until such time as the exact amount of damages due to the City of Nashua is determined. All claims for payment by the Service Provider must be submitted to the City of Nashua within 30 days of the effective date of the notice of termination. If after termination for the failure of Service Provider to adhere to any of the terms and conditions of the contract or for failure to satisfactorily, in the sole opinion of the City of Nashua, to complete work in a timely and professional manner, it is determined that Service Provider had not so failed, the termination shall be deemed to have been a termination at will. In that event, the City of Nashua shall make an equitable adjustment in the compensation paid to Service Provider. The adjustment shall include a reasonable profit for services or other work performed up to the effective date of termination less all previous payments. C. GENERAL PROVISIONS FOR TERMINATION. Upon termination of the contract, the City of Nashua may take over the work and prosecute it to completion by agreement with another party or otherwise. In the event Service Provider shall cease conducting business, the City of Nashua shall have the right to solicit applications for employment from any employee of the Service Provider assigned to the performance of the contract. Neither party shall be considered in default of the performance of its obligations hereunder to the extent that performance of such obligations is prevented or delayed by any cause, existing or future, which is beyond the reasonable control of such party. Delays arising from the actions or inactions of one or more of Service Provider's principals, officers, employees, agents, sub-contractors, sub consultants, vendors, or suppliers are expressly recognized to be within Service Provider's control. 7. DISPUTE RESOLUTION. The parties shall attempt to resolve any dispute related to this contract as follows. Either party shall provide to the other party, in writing and with full documentation to verify and substantiate its decision, its stated position concerning the dispute. N o dispute shall be considered submitted and no dispute shall be valid under this provision unless and until the submitting party has delivered the written statement of its position and full documentation to the other party. The parties shall then attempt to resolve the dispute through good faith efforts and negotiation between the City of Nashua Representative and a Service Provider representative. At all times, Service Provider shall carry on the work under this contract and maintain and complete work in accordance with the requirements of the contract or determination or direction of the City of Nashua. If the parties are unable to resolve their dispute as described above, the parties' reserve the right to pursue any available legal and/or equitable remedies for any breaches of this contract except as that right may be limited by the terms of this contract. 8. NO DAMAGES FOR DELAY. Apart from a written extension of time, no payment, compensation, or adjustment of any kind shall be made to Service Provider for damages because of hindrances or delays in the progress of the work from any cause, and Service Provider agrees to accept in full satisfaction of such hindrances and delays any extension of time that the City of Nashua may provide. 9. INSURANCE. Service Provider 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; 5 | Page  * Cove rage 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. Service Provider, sub consultants and sub-contractors at every tier will fully comply with N H RSA Chapter 281-A, "Workers' Compensation". Service Provider 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 Service Provider are intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by Service Provider under the contract. The City of Nashua shall not maintain any insurance on behalf of Service Provider. Subcontractors are subject to the same insurance requirements as the Service Provider and it shall be the Service Provider's responsibility to ensure compliance of this requirement. Service Provider 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 (10) calendar days after the City of Nashua issues the notice of award. The City of Nashua requires thirty (30) days written notice of cancellation or material change in coverage. The certificates and endorsements for each insurance policy are to be signed by a person authorized by the insurer and who is licensed by the State of New Hampshire. Certificates must name the City of Nashua as an additional insured, except for Professional liability insurance. Service Provider is responsible for filing updated Certificates of Insurance with the City of Nashua's Risk Management Department during the life of the contract. The certificate should be mailed to: Risk Management City of Nashua 229 Main Street Nashua, NH 03060 > 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, Service Provider 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 Service Provider of its responsibilities or limit the amount of its liability to the City of Nashua or other persons, and Service Provider 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. > Service Provider is responsible for and required to remedy all damage or loss to any property, including property of the City of Nashua, caused in whole or part by Service Provider or anyone employed, directed, or supervised by Service Provider. 10. INDEMNIFICATION. Regardless of the coverage provided by any insurance, Service Provider agrees to indemnify and shall defend and hold harmless the City of Nashua, its agents, officials, employees and authorized representatives and their employees from and against any and all suits, causes of action, legal or administrative proceedings, arbitrations, claims, demands, damages, liabilities, interest, attorneys' fees, costs and expenses of any kind or nature to the extent 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 Service Provider or of anyone acting under its direction or control or on its behalf in connection with or incidental to the performance of this contract. Service Provider'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. 6 | Page 11. FISCAL CONTINGENCY. All payments under this contract are contingent upon the availability to the City of Nashua of the necessary funds. This contract shall terminate and the City of Nashua's obligations under it shall be extinguished at the end of any fiscal year in which the City of Nashua fails to appropriate monies for the ensuing fiscal year sufficient for the performance of this contract. Nothing in this contract shall be construed to provide Service Provider with a right of payment over any other entity. Any funds obligated by the City of Nashua under this contract that are not paid to Service Provider shall automatically revert to the City of Nashua's discretionary control upon the completion, termination, or cancellation of the agreement. The City of Nashua shall not have any obligation to re-award or to provide, in any manner, the unexpended funds to Service Provider. Service Provider shall have no claim of any sort to the unexpended funds. 12. COMPLIANCE WITH APPLICABLE LAWS. Service Provider, at all times, shall fully and completely comply with all applicable local, state and federal laws, statutes, regulations, ordinances, orders, or requirements of any sort in carrying out the obligations of this contract, including, but not limited to, all federal, state, and local accounting procedures and requirements, all immigration and naturalization laws, and the Americans With Disabilities Act. Service Provider shall, throughout the period services are to be performed under this contract, monitor for any changes to the applicable laws, statutes, regulations, ordinances, orders, or requirements, shall promptly notify the City of Nashua in writing of any changes to the same relating to or affecting this contract, and shall submit detailed documentation of any effect of the change in terms of both time and cost of performing the contract. 13. NONDISCRIMINATION. In connection with the performance of work under this contract, Service Provider agrees not to discriminate against any employee or applicant for employment because of race, religion, color, national origin, sex, age, or sexual orientation. This agreement includes, but is not limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 14. SERVICE PROVIDER ENDORSEMENT. Service Provider shall sign, seal, and/or stamp as appropriate any necessary documents as required under the laws of the State of New Hampshire. 15. ASSIGNMENT, TRANSFER, DELEGATION, OR SUBCONTRACTING. Service Provider shall not assign, transfer, delegate, or subcontract any rights, obligations, or duties under this contract without the prior written consent of the City of Nashua. Any such assignment, transfer, delegation, or subcontracting without the prior written consent of the City of Nashua is void. Any consent of the City of Nashua to any assignment, transfer, delegation, or subcontracting shall only apply to the incidents expressed and provided for in the written consent and shall not be deemed to be a consent to any subsequent assignment, transfer, delegation, or subcontracting. Any such assignment, transfer, delegation, or subcontract shall require compliance with or shall incorporate all terms and conditions set forth in this agreement, including all incorporated Exhibits and written amendments or modifications. Subject to the foregoing provisions, the contract inures to the benefit of, and is binding upon, the successors and assigns of the parties. 16. CITY OF NASHUA INSPECTION OF CONTRACT MATERIALS. T h e b o o k s , r e c o r d s , d o c u m e n t s a n d accounting procedures and practices of Service Provider related to this contract shall be subject to inspection, examination and audit by the City of Nashua 17. TAXES. Service Provider shall pay all taxes, levies, duties, and assessments of every nature due in connection with any work performed under the contract and make any and all payroll deductions required by law. The contract sum and agreed variations to it shall include all taxes imposed by law. Service Provider hereby indemnifies and holds harmless the City of Nashua from any liability on account of any and all such taxes, levies, duties, assessments, and deductions. 18. NON-WAIVER OF TERMS AND CONDITIONS. None of the terms and conditions of this contract shall be considered waived by the City of Nashua. There shall be no waiver of any past or future default, breach, or modification of any of the terms and conditions of the contract unless expressly stipulated to by the City of Nashua in a written waiver. 7 | Page 19. RIGHTS AND REMEDIES. The duties and obligations imposed by the contract and the rights and remedies available under the contract shall be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law. 20. PROHIBITED INTERESTS. Service Provider shall not allow any officer or employee of the City of Nashua to have any indirect or direct interest in this contract or the proceeds of this contract. Service Provider warrants that no officer or employee of the City of Nashua has any direct or indirect interest, whether contractual, noncontractual, financial or otherwise, in this contract or in the business of Service Provider. If any such interest comes to the attention of Service Provider at any time, a full and complete disclosure of the interest shall be immediately made in writing to the City of Nashua. Service Provider warrants that no gratuities (including, but not limited to, entertainment or gifts) were offered or given by Service Provider to any officer or employee of the City of Nashua with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending or making of any determinations with respect to the performance of this contract. 21. THIRD PARTY INTERESTS AND LIABILITIES. The City of Nashua and Service Provider, including any of their respective agents or employees, shall not be liable to third parties for any act or omission of the other party. This contract is not intended to create any rights, powers, or interest in any third party and this agreement is entered into for the exclusive benefit of the City of Nashua and Service Provider. 22. SURVIVAL OF RIGHTS AND OBLIGATIONS. The rights and obligations of the parties that by their nature survive termination or completion of this contract shall remain in full force and effect. 23. SEVERABILITY. In the event that any provision of this contract is rendered invalid or unenforceable by any valid act of Congress or of the New Hampshire legislature or any court of competent jurisdiction, or is found to be in violation of state statutes or regulations, the invalidity or unenforceability of any particular provision of this contract shall not affect any other provision, the contract shall be construed as if such invalid or unenforceable provisions were omitted, and the parties may renegotiate the invalid or unenforceable provisions for sole purpose of rectifying the invalidity or unenforceability. 24. MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT. This contract constitutes the entire contract between the City of Nashua and Service Provider. The parties shall not be bound by or be liable for any statement, representation, promise, inducement, or understanding of any kind or nature not set forth in this contract. No changes, amendments, or modifications of any terms or conditions of the contract shall be valid unless reduced to writing and signed by both parties. 25. CHOICE OF LAW AND VENUE. This contract shall be governed exclusively by the laws of the State of New Hampshire and any litigation shall be brought in a court located in the State of New Hampshire. 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 Douchess, Mayor (Printed Name and Title) (Printed Name and Title) Date Date 8 | Page  THE CITY OF NASHUA "The Gate City" Financial Services Purtbasini Dtpartmtnt March 10, 2016 Memo #16-118 TO: MAYOR DONCHESS FINANCE COMMITTEE SUBJECT: CARTEGRAPH SYSTEMS AMENDMENT #2 (VALUE: $15,000) DEPARTMENT: 161 STREETS; FUND: GENERAL; ACCOUNT CLASSIFICATION: 55 OTHER SERVICE DEPARTMENT: 169 WASTEWATER; FUND: WASTEWATER ACTIVITY: SEWER REHAB Please see the attached communication from Lisa Fauteux, Director of Public Works, dated March 8, 2016 for information related to this purchase. The original contract, pursuant to NRO § 5-78 Major purchases (greater than $10,000), was awarded in the amount of $201,240. Amendment No. 1 to add loading pavement data was at zero cost since Cartegraph System, Inc. discounted the fee of $7,000 by 100%. Amendment No. 2 is to add the Scenario Builder module at a cost of $15,000 for a new contract total of $216,240. The Director of Public Works, Board of Public Works (Special Meeting 3/8/16) and the Purchasing Department recommend the award of this contract amendment to Cartegraph System, Inc. of Dubuque, IA in an amount of $15,000. Purchasing Manager Ce; L. Fauteux C. O'Connor 2 2 9 Main Street • Nashua, New Hampshire 0 3 0 6 1 • Phone ( 6 0 3 ) 5 8 9 - 3 3 3 0 • Fax ( 6 0 3 ) 5 8 9 - 3 3 4 4  City of Nashua, Public Works Division To: Board of Public Works Meeting Date: March 8 , 2 0 1 6 From: Lisa Fauteux, Director Public Works Administration Re: Cartegraph Systems Amendment No. 2 A. Motion: T o approve Amendment N o . 2 with Cartegraph, System, Inc. of Dubuque, Iowa in an amount not to exceed $15,000. Funding will be through: Departments: 161 Streets; Fund: General; Account Classification 55 Other Service; and Department 169 - Wastewater; Fund: Wastewater; Activity: Sewer Rehab. Discussion: The original contract with Cartegraph Systems, Inc. for the Asset Management/Work Order System was executed in June 2015 for the first year cost of $ 201,240. The contract was amended in January 6, 2016 for Cartegraph to load pavement data provided by M D S Technologies, the company contracted by the City to collect data on street condition and integrate the information into Cartegraph and GIS. The contract amendment was at a zero cost since Cartegraph discounted the fee of $7,000 by 100%. The current Cartegraph contract has a pavement module that takes input on condition imperfections to produce condition index (PCI) and deterioration and performance patterns. In order to perform cost analysis for various budgets, treatment methods and road types, the Scenario Builder module from Cartegraph is needed. A cost estimate of $15,000 was obtained and this covers the supply of the product, installation and training. This amendment brings the total current contract value to $216,240.  City of Nashua, NH Cartegraph Software and Services Quote Quote: Q1601117 Date: March 11, 2016 Cartegraph Systems, Inc. 3600 Digital Drive Dubuque, IA 52003 www.cartegraph.com 800 688.2656 563 556.8120 Fax 563 556.8149 City of Nashua, NH | March 11, 2016 Software and Services Quote Cartegraph is pleased to present this Quote for the implementation of world class technology solutions in your organization. This Quote is made and entered into between City of Nashua hereinafter referred to as “Customer” or “Licensee,” whose address is noted below, and Cartegraph Systems, Inc., 3600 Digital Drive, Dubuque, Iowa 52003, hereinafter referred to as “Cartegraph.” Customer address: Licensee address: Nick Miseirvitch Same City of Nashua 229 Main Street Nashua, NH 03061-2019 Scope of Project Field Services The Fee for Service Implementation Services as listed in the Investment Summary are specific Cartegraph services which will be delivered to the Customer based on the descriptions below. Cartegraph - Scope of Work Training  Cartegraph will provide remote train-the-trainer training, up to sixteen (16) hours, on Advanced Work functionality. Training topics include: o Scenario Builder  Settings:  Prediction Groups  Minimum Condition Groups  Activities and Impacts  Criticality Factor  Install/Replaced Dates  Scenarios:  Scenario Types  Plan Years and Budgets  Protocols  Data Exports  Cartegraph recommended best practices for advanced work management NOTE: Scenario Builder requires data and configuration of Advanced Asset functionality. Cartegraph will provide all services remotely via audio, video, and web conferences unless otherwise noted. Page 2 of 4 City of Nashua, NH | March 11, 2016 Customer Responsibility For the project, you will be responsible for appointing a dedicated project manager that will be responsible for:  Reviewing the implementation scope of work  All internal aspects of the project including, but not limited to, internal change management, internal documentation, staff coordination, task completion, and schedule commitment  Ensuring all scheduled meetings are attended by invited staff  Partnering with the Cartegraph Project Manager to ensure project success  Providing leadership and insight on all relevant internal issues such as policy/procedure, organizational structure, project stakeholders, technical architecture, data, and current systems Exclusions The following service items are not included in the scope of this project:  Implementation of any custom modification or integration developed by Cartegraph, your internal staff, or any third-party is not included in the scope of this project unless specifically listed above.  Data conversion services from other software system(s) or sources (including Cartegraph Navigator databases) are not included in the scope of this project unless specifically listed above.  Any service items discussed during demonstrations, conference calls, or other events are not included in the scope of this project unless specifically listed above. Page 3 of 4 City of Nashua, NH | March 11, 2016 Investment Summary Cartegraph’s proposed fees for this project are included in the summary below. Date: March 11, 2016 Quote Expiration Date: March 31, 2016 Quote No.: #Q1601117 Purchase Type Citizen/Qty. Unit Price Total Price YEAR 1 SOFTWARE PRODUCTS Cartegraph OMS Advanced Work Management per-citizen 86,494 $0.15 $12,974.00 Extension Subscription FIELD SERVICES Implementation Fixed Fee Service 1 $3,400.00 $3,400.00 Services Discount $ ($1,374.00) TOTAL COST $15,000.00 Not-to-Exceed Quote Cartegraph will not exceed the total included in this Quote without written approval from Customer. In the event it becomes apparent to Cartegraph that additional service efforts will be needed due to any changes in the scope of this Quote, Cartegraph will notify Customer prior to exceeding the approved efforts and obtain written approval if additional software or services are required. Page 4 of 4  THE CITY OF NASHUA -neCateaty Financial Services Purchasing Department March 10, 2016 Memo #16-119 TO: MAYOR DONCHESS FINANCE COMMITTEE SUBJECT: PURCHASE OF ONE (1) NEW 2014 FORD TRANSIT CONNECT WAGON XLT (VALUE: $24,357) DEPARTMENT: 130 PURCHASING ACCOUNT DESCRIPTION: 2016 CERF-VEHICLES Please see the attached communication dated January 28,2016 from David G. Fredette, Treasurer/Tax Collector for the information related to this purchase. 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. Purchasing attempted to buy this vehicle through the NH State Contract and MHQ in Marlborough, MA but the lead time quoted by both was 120 days and we need to replace this vehicle now so we put it out to Bid. A Bid was sent to 5 area Ford Dealers. We received 2 Bids which are shown below: Ford of Londonderry, Londonderry, NH $22,835 Stoneham Motor Co. Stoneham, MA $25,971 The low bidder, Ford of Londonderry, had no vehicles in stock and quoted 24-26 week lead time. The next low bidder, Stoneham Motor Co. has offered an alternate vehicle from what they originally Bid with options that match up with our original Bid specifications for a cost of $24,357. It is in stock and available for immediate delivery. The purchase amount is less than the estimated replacement value of $25,699 in David G. Fredette's attached memo which was approved at the February 10, 2016 BOA Meeting. The Purchasing Department recommends the purchase of this vehicle In the amount of $24,357 from Stoneham Motor Co. of Stoneham, MA. Purchasing Manager Ce: J. Griffin 2 2 9 Main Street • Nashua, New Hampshire 0 3 0 6 1 • Phone ( 6 0 3 ) 5 8 9 - 3 3 3 0 • Fax ( 6 0 3 ) 5 8 9 - 3 3 4 4  City of Nashua Office of The Treasurer 229 Main Street - Nashua, NH 03060 (603) 589-3166 Fax (603)689-3228 To: Board of Aldermen January 28,2016 From: David G. Fredette, Treasurer/Tax Collecto: Re: Purchase replacement for the 2003 Dodge Caravan Capital Equipment Reserve Fund (CERF) The purpose of this communication is to request approval from the Board of Aldermen for an item that was planned to be listed in the FY2017 CERF Replacements list. Recently the 2003 Dodge Caravan- messenger van, which was used by Purchasing for various tasks throughout the city, was totaled in an accident. This vehicle was planned to be replace in FY 2017 at an estimated cost of $25,699. Currently the city has to date purchased 19 of the approved items listed on the planned FY 2016 CERF replacement schedule for $1,913,779 which is $151,159 below the planned replacement cost of $2,064,938. As a result, die CERF has sufficient funding for the city to purchase a Ford Transit Van for a net cost to CERF of $18,500 ($22,500 less $4,000 reimbursement from the Risk department). The Purchasing department is currently using the Building Maintenance and Information Technology vehicles to perform their work. Pursuant to NRO 5-127.1 D Capital Equipment Reserve Fund, which states: "During that fiscal year, the city may purchase that equipment, or equipment that will serve the same stated purpose as the listed equipment as long as the price does not vary by more than ten percent of the estimated replacement value. All purchases from the Capital Equipment Reserve Fund must comply with the city's purchasing approval process. Any other requests to use funds from the Capital Equipment Reserve Fund must be approved bv the board of aldermen." I respectfully request the approval from the Board of Aldermen for the purchase of a 2016 Ford Transit Van used by the Purchasing department The purchase would proceed through the Finance Committee approval process. Cc: Mayor James Donchess 16-002 John Griffin, CFO/Comptroller Dan Kooken, Purchasing Department  BID SPECIFICATIONS IFB0170-030416 TITLE: Ford Transit Connect Wagon XLT Quantity: 1 Nashua Purchasing Department, 229 Main Street, Nashua, NH 03061 The City of Nashua Purchasing Department invites bids from qualified suppliers for one (1) new and unused, model year 2016 Ford Transit Connect Wagon XLT, List the exact manufacturer specifications for the vehicle vou are bidding for In each of the categories listed. If any additional Information Is to be supplied regarding any item, please indicate beside the Item and type the Information on pages to be attached to the bid submittal. Failure to respond to any Item may be cause for the bid to be rejected as "non-responsive". Inclusion of manufacturer's specifications will not be considered as a substitute for filling in the specifications. It is encouraged that the bid be supplemented by the manufacturers printed literature. You are encouraged to elaborate on any aspect of the vehicle not listed in the bid specifications but such explanations should be typed on supplemental bid paperwork. Equipment bid must be new and unused and model year 2016. All shipping costs must be included In the bid. The vehicle is to be delivered to: Nashua Purchasing Department 229 Main Street Nashua NH 03061 The following specifications are minimum guidelines and, as noted above, must be filled in completely: SPECIFICATIONS MANUFACTURERS SPECIFICATIONS 2016 Ford Transit Connect Wagon XLT Front Wheel Drive Exterior Color Preferences: # I Magnetic, #2 Deep Impact Blue, or #3 Frozen White Interior Color Preferences: #1 Medium Stone, #2 Charcoal Black Includes all XLT Equipment Package Options Daytime Running Lamps Quickclear Electric Windshield Defronster Rear Carpeted Floor Mats Rear Cargo Liner Vinyl Floor Cover AH Weather Floor Mats Front and Rear Vehicle ratings conform shall conform to SAE, EPA, and DOT Standards I F B 0 1 7 0 - 0 3 0 4 1 6 Ford Transit Connect Wagon XLT 2 2 9 Main Street • Nashua, New Hampshire 0 3 0 6 1 • Phone ( 6 0 3 ) 5 8 9 - 3 3 3 0 • Fax ( 6 0 3 ) 5 8 9 - 3 3 4 4 MOTOR VEHICLE ¡dealer ("voir) STONEHAM MOTOR COMPANY INC. I 185 MAIN STREET PURCHASE CONTRACT STONEHAM, MA 02180 www.stonehamford.com FLEET SALES L_ 761-438-0490 FAX: 781-438-2148 J DATE ORDER NO. STOCK NO. SALESPERSON 3/7/2016 141685 PAUL J BETTENCOURT PURCHASERS NAME(S) {T Of *M«") STREET ADDRESS CITY OF NASHUA 229 MAIN ST CITY/STATE/ZIP HOME PHONE BUSINESS PHONE NASHUA NH 03061 603 589 3333 ENTER MY J 1 J NEW 0 FORMER USE DEMONSTRATOR • POUCE CAR • REBUILT INSURANCE TOTAL • ORDER FOR (QUANTITY) USEDQ (IF APPLICABLE) FORMER LEASED CAR Q FORMER DAILY RENTAL • TAXI CAB • Year Make Model Name Body StyWType Model No. Transmission (Speeds) Cyl. Pass. Doors Standard Q 2014 FORD TRANSIT CONNECT MINI VAN E9F Automatic 0 4 7 5 Vehtde identification No. Color 1st Interior 1st Top Odometer Delivery Date 2nd mi. El NM0GE9F76EL1144630 SÏ WHITE 3rd STONE km. • Year Make WARRANTY INFORMATION Social Security No. Model Type Cotor This vehicle carries an express war- Date of Birth V.I.N. ranty. Purchaser may obtain a copy of Employer ID No. such warranty from the dealer upon Odometer (ml. O /km.Q) request at time of order and wilt receive E-maH Address the warranty at time of delivery. Transmission • Standard (Sp»»di). • Auto Price of Unit No. of Cyl. Pa»». Door». Salvage Title YesQ No • REGISTRATION FEE/TITLE FEE PREVIOUS OWN EIN SALES TAX Additional Equipment/Items INLCUDES ALL SEASON Mi City/State/Zip AppCcatlon for Title Q LIENHCLDER Application for Reg. • New • Transfer Address Registration No. Clty/State/Zlp Registration Fee Acct. No. Title Fee Billíincu Dm: S Mass. Sales Tax Additional Intormalion-Vcliicli: l'urcl:<i.r>uil UENHOLDER Address * Sales Tax amount is included in City/Stale/Zip right hand column onlywhe n dealership check is issued in INSURANCE CO. payment of Mass. Sales Tax. Agent/Branch Address/City In the event I fail to take delivery of the vehicle purchased by me within forty- eight (48) hours after I have been notified by you that it is ready for delivery and pay the total contact price in the manner indicated, my deposit in the amount of $ mav. at your option, be retained by you to compensate you in whole or part of any loss sustained by you. Your right to retain my deposit shall be in addition to and not instead of any other right or remedy provided by applicable law Including, without limiting the generality of the foregoing, the sale of the car or truck I agree (o purchase. If the amount of my deposit exceeds actual damages sustained by you, you will promptly refund the difference to me. Purchaser's Initials ( J ALL REBATES AND SALES INCENTIVES OFFERED BY THE MANUFACTURER OR DISTRIBUTOR ARE HEREBY ASSIGNED TO THE DEALER. Total Price 24,367. DO Purchaser's Initials ( ] Discount This contract is not binding upon either dealer or purchaser until the foOawing conditions are met Trade-in Allowance (1} The contract is signed by dealer or his/her authorized representative; (2) Other. (3) Other Rebate(s) Price Difference • 24,357.90 Sales Tax PURCHASER MAY CANCEL THIS CONTRACT AND RECEIVE A FULL REFUND AT ANY TIME UNTIL S/HE RECEIVES A COPY OF THIS CONTRACT SIGNED BY AN (5). Inspection Sticker AUTHORIZED DEALER REPRESENTATIVE PURCHASER MUST GIVE WRIT EN (2,3). Registration NOTICE OF CANCELLATION TO THE DEALER (E). Door to Door Delivery Charge The front and back of this order ($). Freight In From Trading Dealer compromise the entire agreement between the dealer and purchaser, and Purchaser's Signature (9). Courtesy Delivery Fee no other agreement or understanding (1). Plate Processing Fee has been made or ententered into. Co-Purchaser's Signature Subtotal $ 24,357.00 Deposit Authorized Dealer Representative TOTAL PAYMENT 24,357.00