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UNFINISHED BUSINESS — RESOLUTIONS

R-16-015
Endorsers: Mayor Jim Donchess
Alderman Ken Siegel
Alderman-at-Large Brian S. McCarthy
Alderman-at-Large Lori Wilshire
Alderman Richard A. Dowd
Alderman June M. Caron
Alderman-at-Large Michael B. O’Brien, Sr.
ESTABLISHING AN EXPENDABLE TRUST FUND FOR STATE EMPLOYER PENSION COSTS
AND APPROPRIATING $2,230,000 FROM FUND BALANCE ASSIGNED FOR THIS PURPOSE
INTO THE EXPENDABLE TRUST FUND
e Re-referred to Committee — 4/26/16; Budget Review Committee Recommends: Final Passage
as Amended

R-16-027

Endorsers: Mayor Jim Donchess

Alderman-at-Large Lori Wilshire

Alderwoman Mary Ann Melizzi-Golja

Alderman June M. Caron

Alderman Richard A. Dowd
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $11,822 FROM THE UNITED
STATES DEPARTMENT OF HOMELAND SECURITY AND THE STATE OF NEW HAMPSHIRE
DEPARTMENT OF SAFETY INTO EMERGENCY MANAGEMENT GRANT ACTIVITY “2016
EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG)”
e Human Affairs Committee Recommends: Final Passage

UNFINISHED BUSINESS — ORDINANCES

O-16-011
Endorsers: Alderman Don LeBrun
Alderman Ken Siegel

Alderman David Schoneman

Alderman Tom Lopez
ADOPTING PROVISIONS FOR REDUCED TAXATION FOR CERTAIN CHARTERED
PUBLIC SCHOOL FACILITIES
e Tabled at Full Board Level — 5/10/16

NEW BUSINESS — RESOLUTIONS

R-16-035
Endorser: Mayor Jim Donchess
RELATIVE TO THE RESCINDING OF AUTHORIZED UNISSUED DEBT

R-16-036
Endorser: Mayor Jim Donchess
UPDATING THE FINANCIAL STANDARDS FOR THE CITY’S WELFARE GUIDELINES

R-16-037
Endorser: Alderman Richard A. Dowd
AUTHORIZING THE TRANSFER OF UP TO $1,146,336 FROM THE SCHOOL CAPITAL
RESERVE FUND INTO CAPITAL PROJECT ACTIVITY “SCHOOL HVAC IMPROVEMENTS”
FOR THE PURPOSE OF IMPROVING HVAC SYSTEMS AT VARIOUS SCHOOLS

R-16-038
Endorser: Mayor Jim Donchess
AUTHORIZING THE MAYOR TO ENTER INTO AN AMENDMENT TO THE RAILROAD
AGREEMENT WITH THE STATE OF NEW HAMPSHIRE AND PAN AM RAILWAYS FOR
THE PURPOSE OF REPLACING A RAILWAY HIGHWAY CROSSING ON EAST HOLLIS

STREET
NEW BUSINESS — ORDINANCES
PERIOD FOR GENERAL PUBLIC COMMENT
REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN
Committee announcements:

ADJOURNMENT

AMENDED
R-16-015

RESOLUTION

ESTABLISHING AN EXPENDABLE TRUST FUND FOR STATE EMPLOYER
PENSION COSTS AND APPROPRIATING $350,000 FROM FUND BALANCE
ASSIGNED FOR THIS PURPOSE INTO THE EXPENDABLE TRUST FUND

CITY OF NASHUA

In the Year Two Thousand and Sixteen

RESOLVED by the Board of Aldermen of the City of Nashua that pursuant to NH RSA
31:19-a, the City of Nashua hereby establishes an expendable trust fund for the purpose of
funding the city’s employer contributions to the New Hampshire Retirement System. This is
established to fund pension costs in excess of yearly budgeted pension costs appropriations.
Funds may be expended or transferred from this fund for this purpose by the Financial Services
Division. Any balance remaining in this expendable trust fund at each fiscal year end will not
lapse or be closed out to the General Fund, but will remain in this expendable trust fund. This
expendable trust fund will be discontinued on June 30, 2019. At the time the fund is
discontinued, any remaining balance shall be transferred into the General Fund.

FURTHERMORE, BE IT. RESOLVED by the Board of Aldermen of the City of Nashua
that $350,000 is appropriated from fund balance assigned for this purpose into this expendable
trust fund.

As this is a resolution which supplements the FY2016 Adopted Budget, the following
information is provided pursuant to NRO § 5-145, E:

Currently, the accumulated sum of all appropriations of the FY2016 combined annual municipal
budget is $260,536,617. The FY2016 dollar amount under the limit established by City Charter
Section 56-c is $40,276

If this resolution passes, the accumulated sum of all appropriations of the FY2016 combined
annual municipal budget will be $260,886,617. The FY2016 dollar amount over the limit
established by City Charter Section 56-c would be $309,724.

THEREFORE, BE IT RESOLVED by the Board of Aldermen of the City of Nashua that
under the authority of the City of Nashua Charter Section 56-d, the amount of $350,000
representing certain principal and interest on municipal bonds included in the FY2016 Adopted
Budget is exempt from the budget limitation imposed by City Charter Section 56-c, resulting in
the FY2016 dollar amount under the limit of $40,276.

Jim Donchess
Mayor e City of Nashua

To: Board of Aldermen

From: Jim Donchess

Date: 5/19/16

Re: LED Street Light Conversion Project

Pursuant to NRO § 5-90 (E) which states that approval by the Finance Committee of a contract award in
excess of $1,000,000 shall be submitted to the full Board of Aldermen at its next regularly scheduled
meeting for final approval prior to award of the contract, please consider the following. The Finance
Committee approved the purchase of the below referenced contract at their May 18, 2016 meeting. |
request the Board of Aldermen’s concurrence and approval for this purchase.

LED Street Light Conversion Project — Attached please find Purchasing Manager's Memo # 16-136 regarding
this contract.

229 Main Street * PO Box 2019 * Nashua, New Hampshire 03061-2019
603.589.3260 + fax 603.594.3450 * NashuaMayor@NashuaNH.gov
www.NashuaNH.gov

f= THE CITY OF NASHUA “The Gate City

Finanetal Services

Purchasing Department

April 28, 2016
Memo #16-136

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: LED STREET LIGHT CONVERSION PROJECT (VALUE: $1,455,694)
DEPARTMENT: 161 STREET; FUND: BOND
ACTIVITY: LED LIGHTING

Please see the attached communication from Stephen Dookran, P.E., City Engineer 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 shail be
purchased by formal, written contract from the lowest responsible bidder, after due notice inviting bids.
The City Engineer and the Purchasing Department recommend the award of this contract in an amount of

$1,455,694 to Siemens Industry, Inc. of Austin, TX. This award is contingent upon BPW approval at
their next meeting scheduled for 5/5/16.

Respectfully,

Dan Kooken
Purchasing Manager

Cc: S Dookran L Fauteux

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

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: Siemens Industry, Inc. Intelligent Traffic Systems
9225 Bee Cave Road
Building B, Suite 101
Austin, TX 78733

and its successors, transferees and assignees (together
“CONTRACTOR”)

For the following Project: | LED Street Lighting Conversion Project
RFP0609-031116

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;

RFP0609-031116, issued February 4, 2016 and Addendum #1, issued March 4, 2016;
Siemens Industry, Inc. Proposal dated March 11, 2016;

Payment and Performance Bonds;

Insurance Certificate;

Written change orders for minor changes in the Work issued after execution of this
Agreement; and

7. Fully Executed OWNER Purchase Order

oy > be

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.

In the event of a conflict between the terms of the Proposals and the terms of this Agreement, a
written change order and/or fully executed Owner Purchase Order, the terms of this Agreement, the
written change order or the fully executed Owner Purchase Order shall control over the terms of the
Proposals

AG-1

ARTICLE 2 — PERIOD OF PERFORMANCE

The CONTRACTOR 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. The CONTRACTOR shall begin
performance upon receipt of an Executed Contract, a valid Purchase Order issued from the
OWNER, and a Notice to Proceed.

ARTICLE 3 - CONTRACT TIMES
3.01 Time of the Essence

All time limits for Milestones, if any, Substantial Completion, and completion and readiness
for final payment as stated in the Contract Documents are of the essence of the Contract.

3.02 Date of Final Completion
The Work will be completed within 180 Calendar Days from Notice to Proceed.
3.03 Liquidated Damages

If CONTRACTOR breaches their obligation to install product within 180 calendar days of
Notice to Proceed, CONTRACTOR shall pay OWNER $0.20 per calendar day per fixture for
each day of delay as liquidated damages. Should CONTRACTOR fail to make such payment,
the OWNER may reduce further applications for payment on a dollar for dollar basis
commensurate with damages incurred to date. Liquidated damages shall be capped at
$400,000.

The parties agree that quantifying losses arising from CONTRACTOR’s delay in inherently
difficult, and further stipulate that the agreed upon sum is not a penalty, but rather a
reasonable measure of damages, based upon the parties’ knowledge of anticipated savings
resulting from fixture conversion.

This provision shall apply in the event of concurrent delay or delay caused by a third party.

Furthermore, should CONTRACTOR complete installation of product sooner than 150
calendar days from date of Notice to Proceed, they will be entitled to an early completion
bonus equal to $0.10 per calendar day per fixture installed complete, for every day between
the completion date (as recognized by Eversource and reflected in the OWNER’s billing
statement) and 180 calendar days from date of Notice to Proceed. Such bonus will be
recognized via change order executed by both parties. Early bonus incentive shall be capped
at $50,000.

ARTICLE 4— 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:

One Million Four Hundred Fifty-Five Thousand Six Hundred Ninety-Four & 00/100 Dollars
($1,455,694.00)
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The Contract Sum shall include all items and services necessary for the proper execution and
completion of the Work.

ARTICLE 5 — INSURANCE AND INDEMNIFICATION

CONTRACTOR shall carry and maintain in effect during the performance of services under this
contract:

>» General liability insurance in the amount of $1,000,000 per occurrence; $2,000,000 aggregate;
>» Motor Vehicle Liability: $1,000,000 Combined Single Limit;
*Coverage must include all owned, non-owned and hired vehicles.

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

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

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 OWNER and CONTRACTOR, and nothing in this contract shall
create any contractual relationship between the OWNER and CONTRACTOR’s consultants, sub
consultants, CONTRACTORs, or SUBCONTRACTORs. The parties also agree that
CONTRACTOR is not an OWNER employee and that there shall be no:

Withholding of income taxes by the City:

Industrial insurance coverage provided by the City;

Participation in group insurance plans which may be available to employees of the City;
Participation or contributions by either the independent CONTRACTOR or the OWNER to
the public employee’s retirement system;

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

6. Unemployment compensation coverage provided by the City.

be he

Un

CONTRACTOR will provide the OWNER with certificates of insurance for coverage as listed below
and endorsements affecting coverage required by the contract within ten calendar days after the
OWNER issues the Notice of Award. The OWNER requires thirty days written notice of
cancellation or material change in coverage. The certificates and endorsements for each insurance
policy must be signed by a person authorized by the insurer and who is licensed by the State of New
Hampshire. General Liability and Auto Liability policies must name the OWNER as an
additional insured and reflect on the certificate of insurance. CONTRACTOR is responsible for
filing updated certificates of insurance with the OWNER'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.

AG-3

>» The specified insurance requirements do not relieve CONTRACTOR of its responsibilities or
limit the amount of its liability to the OWNER 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 OWNER
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 contro] 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.

AG-4

General Terms and Conditions

ARTICLE 6 —- 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.

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.

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.

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.

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 7 —-QWNER

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.

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.

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.

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.

The CONTRACTOR shall coordinate and cooperate with separate CONTRACTORs
employed by the OWNER.

Costs caused by delays or by improperly timed activities or defective construction shall be
borne by the responsible party.

AG-5