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Finance — 03/16/16 Page 5
PUBLIC COMMENT — None

NON-PUBLIC SESSION

MOTION BY ALDERMAN SIEGEL THAT THE FINANCE COMMITTEE GO INTO NON-PUBLIC SESSION
BY ROLL CALL PURSUANT TO RSA 91-A:3,II(A) REGARDING THE DISMISSAL, PROMOTION OR
COMPENSATION OF A PUBLIC EMPLOYEE

SECONDED BY ALDERMAN WILSHIRE

A Viva Voce Roll Call was taken, which resulted as follows:

Yea: Mayor Donchess, Alderman Cookson, Alderman Wilshire 6
Alderman O’Brien, Alderman Caron, Alderman Siegel 0

Nay:

MOTION CARRIED

The finance committee went into non-public session at 7:15 p.m.

MOTION BY ALDERMAN SIEGEL TO COME OUT OF THE NON-PUBLIC SESSION AND RETURN TO
THE FINANCE COMMITTEE MEETING

MOTION CARRIED

MOTION BY ALDERMAN SIEGEL THAT THE FINANCE COMMITTEE SEAL THE MINUTES OF THE
NON-PUBLIC SESSION BY ROLL CALL UNTIL SUCH TIME AS THE MAJORITY OF THE COMMITTEE
VOTES THAT THE PURPOSE OF THE CONFIDENTIALITY WOULD NO LONGER BE SERVED

A Viva Voce Roll Call was taken, which resulted as follows:

Yea: Mayor Donchess, Alderman Cookson, Alderman Wilshire
Alderman O’Brien, Alderman Caron, Alderman Siegel

Nay:
MOTION CARRIED
ADJOURNMENT

MOTION BY ALDERMAN WILSHIRE TO ADJOURN
MOTION CARRIED

The Finance Committee meeting was adjourned at 7:37 p.m.

Alderman Ken Siegel
Committee Clerk

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—Vehicles
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

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oe tod we 'D

THE CITY OF NASHUA eae

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

Cc: J McCormack J Graziano

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

" 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 | 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 fora
third year renewal.

Based on our evaluation of the proposals | 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

labor
travel

Electrician
Plumber
Labor overtime hours
travel

Mechanic
Electrician
Plumber

rene

Bid" lists lower labor rates for both

HVAG, Ine. NH
Maint Plan (one-time
Maint

Labor
travel

lectrician
Plumber
Labor overtime hours
including travel expenses (hourly) Fun Ba

Mechanic

Plu

Service (visit fee)
Regular

HVAC MAINTENANCE BIDS FEBRUARY 2016

4,733.00
235.00

$91.00 / $84.00° $91.00 / $84.00° 00 .00°
.00 / $40,00° $91.00 $94.00
__nfa

$124.00 / $118.00° .00 / $118.00° $128.00 / $122.00°
124.00 / $40.00° 124.00 $128.00

20% 20% 20%
aes fos ‘A ‘A
rates | Included in rates| Included in
listed above

Included in
listed above
and overtime hours

YEAR
No

$98.88 (+535 1st $101.84 (+:

inthoud

$144.00 (+535 1st hour) | $148.32 (+$35 1st hour)

15% 15% 18%

183,32 | $

Overtime

Maint Plan
Maint

257.48 | 5

Electrician

Plumber
Repair Labor during overtime hours
travel

Mechanic
Electrician
Plumber
Materials
Emergency Service (visit fee)

NASHUA PUBLIC LIBRARY

Labor during overtime hours
travel

Mechanic
Electrician
Plumber

Service

Maint Plan
Maint

Labor
travel

Mechanic
Electrician

Labor overtime hours
including travel expenses (hourly)

Mechanic
Electrician
ber
Materials
Service

HVAC MAINTENANCE BIDS

30%

same as listed above
same as listed above

YEAR 1
300.00

95.00
__— -.._ 29.00

75.00
89,00

95.00

225.00
105.00

125.00

29%

~ 95.00

$

135.0015

same as listed above
same as listed above

YEAR 2

30%

same as listed above
same as listed

YEAR 3

FEBRUARY 2016

CONTRACT FOR SERVICE PROVIDER

TITLE:

A CONTRACT BETWEEN

THE CITY OF NASHUA, 229 MAIN STREET, NASHUA, NH 03061-2019
AND

PALMER AND SICARD, INC.
NAME AND TITLE OF SERVICE PROVIDER

140 EppinG Rp. EXETER, NH 03833
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 afier 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.

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The term of the contract shall be for one (1) year with the option, at the City’s sole discretion, of one (1) 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, 2016 and terminating
on March 30, 2018.

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

PO Box 2019

Nashua, NH 03061-2019
Atten:

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

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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

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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, OR SUSPENSION AT WILL. The City of Nashua, 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:

l. 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

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