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Finance Committee - Minutes - 1/19/2022 - P5

By dnadmin on Sun, 11/06/2022 - 21:40
Document Date
Wed, 01/19/2022 - 00:00
Meeting Description
Finance Committee
Document Type
Minutes
Meeting Date
Wed, 01/19/2022 - 00:00
Page Number
5
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_m__011920…

Finance Committee — 01/19/2022 Page 5

Alderman Gouveia

Thank you. Just one quick question. What is the primary use of what the Caterpillar will be used for and then how many
hours a year are we looking to put on this type of machine?

Shawn Smith, NSD Plant Operations Director

Well it get used pretty much year round - a lot of earth movement, we’re constantly digging holes, we spread a lot of bark
mulch, our athletic fields we spread a lot of infield play. During the wintertime, we get a lot of use out of it not so much to
plow but the aftermath of the storm, we have to move mounds of snow out of the way. It’s used quite a bit. Honestly, I’ve
never added how many hours we use it. | really can’t answer that question and be truthful in my answer.

Alderman Gouveia

Sure. Thank you. Can | have a follow up?

Mayor Donchess

Yes.

Alderman Gouveia

Thank you. One follow up. Is this something that would be better to lease a piece of equipment like this instead of
buying? Is than an option you’ve looked at?

Shawn Smith, NSD Plant Operations Director

| didn’t look at it in this case because it was already in the CERF program for purchase. When we got the new
hauler/backhoe it was actually used so we really got more than our monies worth out of it. It lasted 17 years. We have
two international trucks which back when we purchased them — we didn't purchase them. We went through a lease
purchase agreement. So it has been done before. Did not consider it in this case.

Alderman Gouveia

Thank you.

Mayor Donchess

Anyone else? Alderman Cathey are you seeking to ask a question?

Alderman Cathey

lam. | actually have a procedural question and then a question related specifically to the item that’s being addressed
right now.

You mentioned earlier that there’s a list available that’s already approved, right? So the budget and the Aldermen have
already approved this list of vehicles that we're buying, correct?

Mayor Donchess

Correct.

Alderman Cathey

In an instance like this or an instance similar procedurally, what if we voted no what would happen?

Mayor Donchess

Well that’s a good question. The previous administration argued that the Finance Committee actually has only jurisdiction
over the issue of whether purchasing guidelines were followed and that there’s no discretion to decline to execute — you
know, go forward on the contract except if purchasing guidelines had not been followed. However looking at that myself, |

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Finance Committee - Minutes - 1/19/2022 - P5

Finance Committee - Minutes - 1/19/2022 - P6

By dnadmin on Sun, 11/06/2022 - 21:40
Document Date
Wed, 01/19/2022 - 00:00
Meeting Description
Finance Committee
Document Type
Minutes
Meeting Date
Wed, 01/19/2022 - 00:00
Page Number
6
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_m__011920…

Finance Committee — 01/19/2022 Page 6

don’t really agree. That’s not really in the law anywhere. So | think the Legal Department kind of disagrees. They sort of
lean towards the previous position but as | review the law, it says you have to approve contracts but it doesn’t say you’re
limited — it doesn’t say why we would not approve them. So at least my reading of the situation is if the Finance
Committee refused to go forward, probably we couldn't proceed and the purchase contract whatever would not be
executed or the purchase not made. But you would create a legal issue.

Alderman Cathey

Right. So essentially if we were to vote no on items similar to this one, we’d have this money sitting around in the budget
and it would essentially be kicked back to either the Budget Review Committee or the Board of Aldermen as a whole and
then they would have to figure out what to do with either that money or how to procure a vehicle then is needed in the
budget?

Mayor Donchess

Yes so in this case, the only distinction | would draw is the CERF is a trust account so it sort of remain in this situation in
the CERF trust account but would remain unexpended until the Board of Aldermen decided what to do.

When | mentioned when | was on the Finance Committee, this is how the issue of the committee the appearance came
up. So what happened was there was the suggestion by Public Works that a 10 wheeler truck be purchased for the
primary purpose of plowing in the winter time. A couple members of the committee said well what about a 6 wheeler, isn’t
that a more versatile vehicle? The Mayor said well no it’s not. This is for the main roads — Amherst Street, etc., and the
10 wheeler works the best. The committee said well we’d like to hear that from the fleet manager. Well the fleet manager
is not coming in. Okay. We refused the purchase. Went to a couple of meetings and then the fleet manager did come
and the fleet manager said a 10 wheeler is actually better. The committee approved the purchase of the 10 wheeler. So
we took the position at that time that the Finance Committee had the right to turn down for any reason. But the
accommodation was to bring the guy in, he answered our questions, we approved it. So you would have created at least
a legal issue but there’s certainly an argument that you have a right to turn anything down.

Alderman Cathey

| appreciate you clarifying that. My main concern was when I’m thinking through these decisions | want to make sure that
| understand the second and third order effects of said decisions. Just because | like or don’t like something, | don’t want
to vote yes or no. I'd like to understand what happens with the processes so | appreciate you clarifying that.

Mayor Donchess

So for your own reference, the Finance Committee is defined by the City Charter. If you look to the City Charter, the role
of the Finance Committee is determined there. Then there are some ordinances which also set forth the role of the
Finance Committee. Read those. They're not very long. | forget where they are exactly. Read those.

Alderman Klee

It’s Section 5-90. That’s the authority of the Finance Committee and then 5-122 is the composition and duties thereof.

Mayor Donchess

So if you read those —| don’t see anything in there that limits the discretion of the committee.

Alderman Comeau

| don’t want to put words in your mouth so stop me if | get this wrong. My layman’s understanding of it was more or less
that if it’s in the budget, it’s that we’ve given this department or entity permission in a very general sense. So in this case
for this item, we might have said something like you have permission to buy a piece of equipment up to a sort amount of
money. With this specific piece that we’re talking about tonight is now they’ve done that thing that we gave them
permission to and we’re approving or not approving the very specific actual purchase of this specific piece of equipment
with an actual dollar amount.

Mayor Donchess

That’s one way of putting, yes.

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Finance Committee - Minutes - 1/19/2022 - P6

Finance Committee - Minutes - 1/19/2022 - P7

By dnadmin on Sun, 11/06/2022 - 21:40
Document Date
Wed, 01/19/2022 - 00:00
Meeting Description
Finance Committee
Document Type
Minutes
Meeting Date
Wed, 01/19/2022 - 00:00
Page Number
7
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_m__011920…

Finance Committee — 01/19/2022 Page 7

Alderman Klee

Thank you. | just want to clarify that one of the things is if it is a CERF item, that’s approved separately. The CERF
account is items are approved individually. They’re very specific as to what it is. By the time we purchase it, it may
change a little bit but basically what it is we’re going to buy. If we don’t expend that money, it stays within that account. It
doesn't go back to the taxpayers. Nothing else happens to it. It stays within that particular account.

As far as the budget is concerned when we go through the budget process, you'll see that each department comes
forward, says what they need their money for. They usually give you a basic outline as to what they intend on buying and
spending throughout that year. Then a budget gets approved, or it gets amended, or something like that. So when they
come forward and they ask for something that they did budget for and we say is it within your budget — in this particular
case because it usually is — and we say no to them, it may be because we think that they could do something a little bit
better. Maybe they should do a trade in or sometimes that’s one of the questions that gets asked. If you just say no
because you want the money to go back to the taxpayers, you could be handicapping the city. So | don’t think we should
just say yes to everything but make sure that you understand what the ramifications and you can ask that question. If we
don’t purchase this, what is the alternative as long as you kind of weigh both sides?

Alderman Comeau

So we could in theory — again this is hypothetical just because this is our first meeting — we could in theory approve of the
idea of the School Department buying a piece of equipment and not necessarily agree with this specific purchase and say
we think you could find a similar piece of equipment for less money, or a better deal with better service contract, or
something like that, and deny this particular one and say come back to us with a better offer and we'll approve it?

Mayor Donchess

| think that would be possible, yes.
Alderman Klee

| just want to make a clarification. Having been on this Committee, one of the things that often times they will come to us
and they’ll say they need this. If we say you can get a better contract or look a little bit better, we literally could be putting
them at a handicap. So for instance when the Fire Department came for the trucks that they needed if we had sent them
back to go looking for it, we would have lost the deal that we had. Because we’re in the period of COVID and everything
is happening, prices are going up. You really have to think really hard. Unless you’re an expert at it and you really know
but | have seen where people have said can we look at an electric version of this. In the general scheme of things, those
are particular things. | just want to be very cautious that we just don’t say no and send everybody back to doing more
work when it could end up costing the city more in the end.

Alderwoman Timmons

Yes | have a question regarding this piece of equipment. One is that prior to coming to the Board of Aldermen, it was also
approved by the Board of Education, right?

Mayor Donchess

Correct.

Alderwoman Timmons

Okay. So therefore it was vetted at that particular time. Is that correct?

Mayor Donchess

| believe that’s correct. So you went to the Board of Ed. With this, right Mr. Smith? Yeah, right. So this was approved by
the Board of Ed.

Alderwoman Timmons

And that’s why | recognize it and that’s why I’m going to vote for it because | know it came up before and | know the
reputation of Mr. Smith as well. | know it’s been vetted already.

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Finance Committee - Minutes - 1/19/2022 - P7

Finance Committee - Minutes - 1/19/2022 - P8

By dnadmin on Sun, 11/06/2022 - 21:40
Document Date
Wed, 01/19/2022 - 00:00
Meeting Description
Finance Committee
Document Type
Minutes
Meeting Date
Wed, 01/19/2022 - 00:00
Page Number
8
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_m__011920…

Finance Committee — 01/19/2022 Page 8

Mayor Donchess

Anyone else?

Alderman Cathey

| have a financial technical question that maybe Alderman Klee could answer because | know she was on Finance before.
Is it better to trade in the vehicle than to keep the vehicle on the books and utilize the depreciation of the asset?

Alderman Klee

In the past, both have been done and each of the departments knows whether or not it’s better to reuse that equipment as
a backup. So sometimes Public Works they won't necessarily retire or do a trade in. Sometimes they'll use it either for
parts or sometimes they'll use it as the backup. So in other words if one breaks down, they have this one kind of sitting at
bay. An older one that they kind of lay to do that, they might get traded in or it could be scavenged for parts. Each
department does everything differently. So those are good questions to ask the department.

Mayor Donchess

Now my only refinement of that would be the words “depreciate the asset” implies some kind of tax implication. We don't
pay taxes. It’s just the practical decision. Is it better to get the money for the trade in or is it better to have a backup in
case this one fails.

Alderman Cathey

| appreciate that clarification. Thank you.
Alderman Jette
Could we get Mr. Smith’s answer?

Mayor Donchess

Mr. Smith on the issue of keeping the old one versus the trade in.

Shawn Smith, NSD Plant Operations Director

It’s definitely time to get rid of it. As I’ve said, I’ve spent considerable money keeping it running. We're looking at putting
a lot more money into replacing the hydraulic system if we keep it. | was very happy in the amount of money they were
giving us for the trade in. It was like a quick make a decision before they change their mind.

Mayor Donchess

Any other questions?
A viva voce roll call was taken which resulted as follows:

Yea: Alderman Klee, Alderman Cathey, Alderman Comeau, Alderman Gouveia,
Alderman Jette, Alderwoman Timmons, Mayor Donchess 7

Nay: 0
MOTION CARRIED

From: Kelly Parkinson, Purchasing Manager
Re: Sewer Line Replacement & Building Repairs in the amount not to exceed $98,366 funded from 81200 Buildings
& Improvements/FTA Grant Funds (Transit)

MOTION BY ALDERMAN JETTE TO ACCEPT, PLACE ON FILE AND APPROVE A GRANT FUNDED CONTRACT
WITH SCHROEDER CONSTRUCTION MANAGEMENT TO PERFORM THE REPLACEMENT OF THE WASTE LINE
AND BUILDING REPAIRS AT THE NASHUA TRANSIT ADMINISTRATION BUILDING LOCATED AT 11 RIVERSIDE

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Finance Committee - Minutes - 1/19/2022 - P8

Finance Committee - Minutes - 1/19/2022 - P9

By dnadmin on Sun, 11/06/2022 - 21:40
Document Date
Wed, 01/19/2022 - 00:00
Meeting Description
Finance Committee
Document Type
Minutes
Meeting Date
Wed, 01/19/2022 - 00:00
Page Number
9
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_m__011920…

Finance Committee — 01/19/2022 Page 9

STREET IN THE AMOUNT OF $98,366. FUNDING WILL BE THROUGH DEPARMENT: 186 TRANSPORTATION;
FUND: ACCOUNT 81200 BUILDINGS AND IMPROVEMENTS/FTA GRAND FUNDS, BY ROLL CALL

ON THE QUESTION

Camille Correa, Transit Administrator

This one is for Schroeder Construction. The second one has to do with the retrofit project.

Mayor Donchess

Well anyway go ahead and explain this please.

Camille Correa, Transit Administrator

Good evening Mr. Mayor and members of the Committee. I’m Camille Correa the Transit Administrator for Nashua
Transit system. Just a little bit of background. We have a transit center located at 30 Elm Street which is between the
garage and City Hall. You'll see the buses pull in and out right next door. The facility that we’re speaking about this
evening is our admin. facility located at 11 Riverside Street. On the same property, we also have a maintenance facility
which is across the parking lot. The admin. building was retrofitted approximately 2007 and shortly after it was retrofitted,
they started having problems with the waste line. |

It’s gotten to the point in the last couple of years that the cleanout is used regularly to unstop the toilets. There’s four
toilets and approximately at any time you could have 30 people on our side of the building. DPW is on the other side of
the building. They have a similar problem as well on a different internal sewer line tied into the external sewer line. What
we're finding is it’s becoming more and more regular. So we did secure a grant to assist to pay for the replacement of the
waste line which is internal. It is in the middle of the building. It goes through the kitchen and then outside it ties into the
sewer line.

We are requesting the Finance Committee to approve a grant funded contract. It is paid for by the federal transit
administration. It is an 80/20 grant. Eighty percent federal transit administration under capital and twenty percent is local
funds which we already have secured in the NTS budget with Schroeder Construction Management in the amount of
$98,366 to perform the replacement of the waste line. As part of this project, they would also go into a portion of the wall
and the wall itself will remain intact. They would repair the wall if they go into the wall. They will repair the concrete
because they have to cut into it because it is part of the kitchen and the hallway and also in the bathroom. They will also
replace the tile in the hallway, the kitchen, and then the laminate flooring in the bathrooms as all part of this price. We did
go out to bid. We did receive one bid from Schroeder and we did reach out to the other companies that one did come to
the pre-construction meeting and we did reach out to them to find out why they did not bid on this project. They said
number one -— it was because it was too large. Number two company said they didn’t have enough time. It wasn't
anything in particular in regards to the bid process. I’m happy to entertain any questions that you might have regarding
this project.

Alderman Klee

Thank you. Just for clarification when you said the 80/20, that means of the $98,000 about $19,600 will be paid by the
city and the rest would be paid by the grant. Is that correct?

Camille Correa, Transit Administrator

To be about $20,000, yes.
Alderman Klee
You said that that’s already in the approved budget for this.

Camille Correa, Transit Administrator

Yes for NTS operating reserve. Yes.

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Finance Committee - Minutes - 1/19/2022 - P9

Finance Committee - Minutes - 1/19/2022 - P10

By dnadmin on Sun, 11/06/2022 - 21:40
Document Date
Wed, 01/19/2022 - 00:00
Meeting Description
Finance Committee
Document Type
Minutes
Meeting Date
Wed, 01/19/2022 - 00:00
Page Number
10
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_m__011920…

Finance Committee — 01/19/2022 Page 10
Alderman Klee
This was not scheduled so would this be taking away from something else that was planned?

Camille Correa, Transit Administrator

No. This was scheduled in advance. It’s been in the works for quite some time and we wanted to make sure that we had
enough time to oversee the project because we have the transit retrofit project also occurring. We don’t want it to get to a
point where it just stops working. So we do want to move forward with the project because it does shut down the four
restrooms once or twice a week at times. Sometimes more. Sometimes less. It depends upon we have a two flush rule
to make sure anytime you go into the restroom you're trying to push the water through to help it along because it looks as
though it’s a pitch issue.

Mayor Donchess

That’s more than we need to know.

Camille Correa, Transit Administrator

Just in case.
Alderman Klee

Just a quick follow up. Just for those that are listening and for all of us on the Board, the expenditure to the city is less
than the $20,000 to make sure that things are running smoothly through...

Camille Correa, Transit Administrator

Moving forward, yes.
Alderman Klee

Yes, thank you.

Mayor Donchess

Anyone else?
A viva voce roll call was taken which resulted as follows:

Yea: Alderman Klee, Alderman Cathey, Alderman Comeau, Alderman Gouveia,
Alderman Jette, Alderwoman Timmons, Mayor Donchess 7

Nay: 0
MOTION CARRIED

From: Kelly Parkinson, Purchasing Manager
Re: Transit Retrofit Engineering & Construction Oversight Contract Amendment #1 in the amount not to exceed
$116,866.69 funded from 53125 Construction Management Services/FTA Grant Funds (Transit)

MOTION BY ALDERMAN JETTE TO ACCEPT, PLACE ON FILE AND APPROVE A CONTRACT AMENDMENT WITH
GPI (GREENMAN-PEDERSEN, INC.) AND A CONTRACT EXTENSION DATE FROM MARCH 2022 TO JUNE 30, 2022
FOR RESIDENT ENGINEERING, CONSTRUCTION ADMINISTRATION SERVICES, AND ARCHITECTURAL SUPORT
AND INSPECTION IN THE AMOUNT NOT TO EXCEED $116,866.69. FUNDING WILL BE THROUGH DEPARTMENT:
186 TRANSPORTATION; FUND: ACCOUNT 53125 CONSTRUCTION MANAGEMENT SERVICES/FTA GRANT
FUNDS, BY ROLL CALL

ON THE QUESTION

Camille Correa, Transit Administrator

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Finance Committee - Minutes - 1/19/2022 - P10

Finance Committee - Minutes - 1/19/2022 - P11

By dnadmin on Sun, 11/06/2022 - 21:40
Document Date
Wed, 01/19/2022 - 00:00
Meeting Description
Finance Committee
Document Type
Minutes
Meeting Date
Wed, 01/19/2022 - 00:00
Page Number
11
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_m__011920…

Finance Committee — 01/19/2022 Page 11

Little bit of background regarding this project. We started the retrofit project in July of 2021. It was supposed to be
completed in November of 2021. Due to unforeseen delays and also unforeseen construction issues that we had to make
sure that we were within code and also to change some design to make sure the inside of the building was ADA
accessible, we have found that the project because there’s a portion of the project that’s external had to go into winter
shutdown in December per the New Hampshire law. The internal portion of the construction is still continuing. There’s
also some supply chain issues along the way that did delay some of the materials from coming in. So just overall with the
project, it just got extended recently to May of 2022 for the contractor.

Internally with the NTS staff, we do not have the engineering capabilities of overseeing the project. It was decided years
ago that when they moved forward with this project there would engineering construction administration on site, oversight,
and also architectural oversight, mechanical engineering oversight all through a company that could assist us with that.
GPI as chosen as the particular company of choice and in order to complete this project, NTS is requesting that the
current engineering firm that’s providing this service, their contract is extended through June of 2022 because the
contractor ends in May. It provides us the opportunity to finish all the paperwork that has to be done through the federal
guidelines, the Davis Bacon, make sure the certified payrolls are done, and everything is lined up so that when we have
our internal review from the Federal Transit Administration on this project that we are able to just flow through all the
documentation and make sure all the Is are dotted and Ts are crossed because we have that oversight in place.

They are also on site to provide any liaising between the contractor and the architect on the internal as well as the
external in regards to elevation, piping, manholes, catch basins, a lot of things that could be potentially having a question.
In April of this year, the north side roadway and a portion of Garden Street will be under construction. That whole area is
going to look more like a plaza and enhance that area. So the sidewalks have been widened in some areas so far and
then when the winter shutdown has been completed, the north side sidewalks will be extended and the roadway asphalt
replaced because if you were to walk between the garage and the middle of the transit center, you'll see that the asphalt
is a biton a wave. So we want to make sure that we are supporting underneath the asphalt and then applying the correct
amount of asphalt to support the weight of a bus. If you have any questions, I’d be happy to entertain them.

Alderman Comeau

Thank you. | have a couple of questions. First, you mentioned that the project was delayed due to some unforeseen
circumstances. Can you tell us more about what those circumstances were?

Camille Correa, Transit Administrator

Sure. They’re on the inside of the building. As we were progressing, there was a column found in the middle of the
building which changed the design of the two bathrooms. The inside of the transit center — the portion that’s not the
waiting room but the lobby and over — was gutted out so that the breakroom would change. There would be a driver’s
bathroom because prior to that the drivers would share a bathroom with the public and we wanted to make sure that
there was an area where they could just come in and out through the breakroom and to change the security provisions in
regards to the bathrooms. So at one time, they had doors on them and now it will be more airport style where you can go
in and come out. What was found at that time is that the design of the bathrooms had to change a little bit or in some
areas quite a bit and then a portion of what was in the bathroom like the mop/sink had to be moved into another location.

So there were delays in regards to making sure that the design was right, that the dimensions were right, that the supplies
could come in and along the project, we’re finding that there has to be a lot of communication between the contractor,
engineering firm, the city, and also the architect just in general to make sure that everybody is moving along. So at times
whether it’s internal or external, they found a gas pipe and also a 100 year old sewer catch basin that was made out of
brick that had to be removed. It had a cast iron pipe. That took about two weeks to have DPW come in and remove that
sewer line. It was huge and workmanship of 100 years ago. They had to pull it out with equipment, and refill all the dirt,
and do all that work. There was also a foundation from a house. When you look at the aerial of that area before the
transit center was built, there used to be houses there. So they found a foundation. They had to dig all that up on the
outside. Then they had to move some manholes and change some elevation. So just along the way if we see something,
then we have to get everything lined up to move to the next step, get everything lined up to move to the next step, and
then here we are winter shutdown. So that’s part of it. I’m happy to go into more detail some other time if you ever have
any questions.

Alderman Comeau

Thank you. Mr. Mayor more of a procedural question. During the reading, the Clerk mentioned a couple of times in an
amount not to exceed. So | imagine when this first came through for the initial $120,000 roughly, it had similar language.

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Finance Committee - Minutes - 1/19/2022 - P11

Finance Committee - Minutes - 1/19/2022 - P12

By dnadmin on Sun, 11/06/2022 - 21:40
Document Date
Wed, 01/19/2022 - 00:00
Meeting Description
Finance Committee
Document Type
Minutes
Meeting Date
Wed, 01/19/2022 - 00:00
Page Number
12
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_m__011920…

Finance Committee — 01/19/2022 Page 12

So my question is if we approve this tonight, what assurances do we have that come May or June this isn’t going to come
before us again with another request to increase if there are more unforeseen circumstances?

Mayor Donchess

I’m not sure we can give you that assurance. If unforeseen circumstances arise again, it could come back. Now we’re
hoping, optimistic that that’s not going to happen. One thing is that we’re further along with the project — much further
along than we were before. So the chances of finding something unexpected are probably lower. Would you agree with
that Ms. Correa?

Camille Correa, Transit Administrator

| don’t know what’s underneath the north side roadway. Because when you’re looking at the design that the city has of
what is underneath the roadway, not everything is called out. So in order to fix that, we have to dig it up. Once we dig it
up, we’re not sure what’s there. However, the outcome is positive which is now there’s a diagram that says what exactly
is under there and where it’s located for people in the future to be able to have it. So that is definitely a positive for the
outcome of the project.

Alderman Comeau

Thank you.

Alderman Cathey

Thank you Mr. Mayor. In finding out these issues with the construction were any of the parties in breach of contract with
the delays and if so if it was the construction company, would we be entitled to any sort of recourse for that?

Camille Correa, Transit Administrator

The contract does have liquidated damages called out in it of $100 a day. The city has the option to negotiate in regards
to what the next steps would be. If we felt as though the city council needed to be brought in to take a look at the contract
deeper to make sure that what are our options. That’s definitely if the project is not moving forward. If the contractor had
any questions about the city and whether or not delays were due to unforeseen reasons for them, we want to make sure
that we have that conversation so that we can move the project forward or have those discussion to see what the options
are. So repercussion wise, we would rather try to work together to move the project forward and there are time when
liquidated damages are imposed upon a contract. In this case, they have not been to date.

Alderman Cathey

Follow up Mr. Mayor.

Mayor Donchess

Yes.

Alderman Cathey

Thank you. In your opinion, do you feel like there was a breach of the contract or do you feel like the city should or would
move towards liquidated damages and would that happen now or after this new agreement as you're overseeing the
project or you’re closer to it. What is your general sense of what happened? Like Alderman Comeau, it does seem like
there is at least a probability that it could happen again and then we're back at the same spot. | would like to prevent that
as much as possible.

Camille Correa, Transit Administrator

We have weekly meetings with the contractor and with the engineering firm. Also we have people within the city that
attend the meetings so that we can make sure that we look at it from different perspectives. The transit center was
erected in 1999. Not very many things have been done to it since then. One example is the wiring. Over the years,

many things have been done to the wiring and when you look at the box where the wiring is located, there’s a lot of wiring
in there. Not all of it is labeled. So that would be an opportunity for us to make sure that we get the wiring right and when
we move forward with reopening the transit center on the one side, that that particular part is done, is ready for the future.

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Finance Committee - Minutes - 1/19/2022 - P12

Finance Committee - Minutes - 1/19/2022 - P13

By dnadmin on Sun, 11/06/2022 - 21:40
Document Date
Wed, 01/19/2022 - 00:00
Meeting Description
Finance Committee
Document Type
Minutes
Meeting Date
Wed, 01/19/2022 - 00:00
Page Number
13
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_m__011920…

Finance Committee — 01/19/2022 Page 13

We want to make sure that this building can last us for quite some time. We want the workmanship to be right. Along the
project if there have been any hiccups, it has been a constant communication.

In regards to breach of contract, that is not for me to determine. That would be for the city council person to determine.
We have made sure that there has been communication just in general to the Mayor's office and just to be updating where
we are and how we’re progressing. If we got to the point where the project was not progressing, | believe that city council
would take that deeper dive into the contract to make sure that the communication was there as to what that next step is
for the contractor. Does that makes sense?

Alderman Cathey

That does make sense. | appreciate that.

Camille Correa, Transit Administrator

Absolutely.

Mayor Donchess

Anyone else?

Alderman Klee

I’m on the Joint Special School Building Committee. One of the things we have that large school project that we’re doing.
One of the things is that sometimes they have to come in because much like this, they find something that wasn’t there.
When they've come in to something of a not to exceed and so on, it’s still within the overall budget of the project. Is this
still in the budget of the project or are you now outside of the budget of the project?

Camille Correa, Transit Administrator

So the contract amendment would be in addition to the original contract. So we’ve secured funds through the federal
transit administration to pay for the contract amendment. So that, again, is an 80/20 and the 20 percent which is local is
coming out of the NTS operating reserve to pay for that.

Alderman Klee

So just to clarify. The additional money is $116,866 but 20 percent of that will come out of the city’s budget or in your
budget.

Camille Correa, Transit Administrator

NTS operating.
Alderman Klee

And the other 80 percent will come out of the Federal Transit Administration. So a little excess of about $21,000 will come
from the city’s budget not the $116,000?

Camille Correa, Transit Administrator

Correct and this project is not in our budget. This is a special project. So it’s a special project that we requested
additional funds for. This is a grant that already existed and then to make sure that we covered the expenses, we
requested an amendment to a grant to pay for this.

Alderman Klee

Thank you very much.

Camille Correa, Transit Administrator

Absolutely.

Page Image
Finance Committee - Minutes - 1/19/2022 - P13

Finance Committee - Minutes - 1/19/2022 - P14

By dnadmin on Sun, 11/06/2022 - 21:40
Document Date
Wed, 01/19/2022 - 00:00
Meeting Description
Finance Committee
Document Type
Minutes
Meeting Date
Wed, 01/19/2022 - 00:00
Page Number
14
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_m__011920…

Finance Committee — 01/19/2022 Page 14

Alderman Comeau

I'll try to be brief within the first question. | just want to make sure | understand the parties. So my initial thought was that
this was all part of the contracting but if | understand you correctly now, the engineer is independent of the contractors.
So this is less the contractor is asking for an increase because they’ve gone over their estimate. It’s more the engineer
doesn't really have a whole lot of control over how long it’s taken the contractor to complete the job and now if we want
the services of that engineer to continue, we’re just adding time. It’s not the initial contract is more expensive, it’s just that
we’re adding time on to the end of it. Do | understand that correctly?

Camille Correa, Transit Administrator

And also an additional fee. So the initial fee was approximately $120,000 for 17 weeks because you have an engineer on
site eight hours a day. What we did do was we crossed compared as a cost estimate to another architectural/engineering
contract that the city has to make sure that the pricing is in line and that’s not a contract that we’re going into that the
pricing would be higher for one or another. So it’s in line.

| also pulled the data in general as to what the average price is for the construction administration from an engineering
company - the architectural design to just do that review and make sure that the costs are in line. | also have to do that
for the Federal Transit Administration when they come in to review the project. They’re going to want to know that we
didn’t just say just do this for us. We wanted to make sure that the price was negotiated, the hours were there, and there
could be a cost savings and not spent depending upon how many hours are spent on the project. So it could go both
ways — the extension or cost savings. Thank you for the questions.

Alderman Jette
Mr. Mayor | apologize to Alderman Thibeault. | just noticed that he’s with us by Zoom. | didn’t notice him at the beginning
of the meeting. Forgive me Alderman Thibeault for not noticing you but this is my first time. | don’t know when you got

here.

Alderman Thibeault

From the beginning.
Alderman Jette
Okay, thank you.

Mayor Donchess

We'll forgive you this time Alderman Jette. Anyone else? Could the Clerk please call the roll?
A viva voce roll call was taken which resulted as follows:

Yea: Alderman Klee, Alderman Cathey, Alderman Comeau, Alderman Gouveia,
Alderman Jette, Alderwoman Timmons, Mayor Donchess 7

Nay: 0
MOTION CARRIED

From: Kelly Parkinson, Purchasing Manager
Re: Server Upgrade in the amount not to exceed $141,840.75 funded from 81342/CERF (IT)

MOTION BY ALDERMAN JETTE TO ACCEPT, PLACE ON FILE AND AWARD A BID TO DELL TECHNOLOGIES
FOR THE PURCHASE OF FIFTEEN (15) NEW SERVERS TO UPGRADE THE VIRTUAL HOST SERVERS AT THE
CITY’S PRIMARY DATA CENTER AND BEGIN THE BUILDOUT OF THE DISASTER RECOVERY SITE IN AN
AMOUNT NOT TO EXCEED $141,840.75. FUNDING WILL BE THROUGH DEPARTMENT: 122 INFORMATION
TECHNOLOGY; FUND: ACCOUNT 81342/CERF, BY ROLL CALL

ON THE QUESTION

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Finance Committee - Minutes - 1/19/2022 - P14

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