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4.3

4.4

4.5

4.6

4.7

transfer information; a set of current tax maps; zoning maps; plans; building
permits; subdivisions; boundary line adjustments and mergers; and, other
information as specified by Company for the services being provided.

The municipal assessing officials shall keep Company informed of all sales of
property that occur during the progress of the revaluation.

The municipal assessing officials shall make corrections to tax maps as of April 1,
2018 where lots have been subdivided, or apportioned, and notify Company of all
ownership and name and address changes.

If requested, suitable office space and equipment, as specified by Company, for the
use of Company’s personnel in the performance of the appraisal work shall be
provided.

The municipal assessing officials shall provide a terminal within the Assessor’s office for
remote access to the City’s CAMA System. This access shall remain until a compliant
USPAP Manual is delivered to the City and DRA.

The Municipality shall be responsible for all costs and time associated with all mailings
relating to the informal hearing process.

INDEMNIFICATIONS AND INSURANCE

5.1

5.2

5.3

Regardless of any coverage provided by any insurance, Company agrees to indemnify
and shall defend and hold harmless Municipality, 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 Company or of anyone acting under its direction or control or on its
behalf in connection with or incidental to the performance of this contract.
Company’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.

Company shall not be responsible for consequential or compensatory damages
arising from the late performance or non-performance of the agreement caused by
circumstances, which are beyond Company's reasonable control.

Company shall maintain commercial general liability insurance, professional liability
insurance, automobile liability insurance and workmen's compensation insurance.
Company 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 Company are intended to and shall not in

18 City of Nashua, NH
Full Statistical Revaluation Contract

5.4

5.5

any manner limit or qualify the liabilities and obligations assumed by Company

under this contract. Municipality shall not maintain any insurance on behalf of

Company. Subcontractors are subject to the same insurance requirements as

Company and it shall be the Company’s responsibility to ensure compliance of this

requirement.

5.3.1 Commercial general liability insurance with the inclusion of contractual
liability and errors and omissions coverage and shall provide limits of
$1,000,000 each person and $1,000,000 each occurrence for bodily injury
liability, and $1,000,000 each occurrence for property damage liability; and,

5.3.2. The automobile liability insurance shall be in the form of comprehensive
automobile liability and shall provide limits of $1,000,000 each person and
$1,000,000 each occurrence for bodily injury liability; and,

5.3.3 Workers’ Compensation coverage in compliance with the State of New
Hampshire Statutes, $100,000/$500,000/$100,000 and,

The parties agree that Company 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 Municipality and Company, and
nothing in this contract shall create any contractual relationship between
Municipality and Company’s consultants, sub consultants, contractors, or
subcontractors. The parties also agree that Company is not a Municipal employee
and that there shall be no:

(1) Withholding of income taxes by the Municipality:

(2) Industrial insurance coverage provided by the Municipality;

(3) Participation in group insurance plans which may be available to employees of
the Municipality;

(4) Participation or contributions by either the independent contractor or the
Municipality to the public employee’s retirement system;

(5) Accumulation of vacation leave or sick leave provided by the Municipality;

(6) Unemployment compensation coverage provided by the Municipality.

General Liability, Employers’ Liability and Auto Liability policies must name the City
of Nashua as an additional insured and reflect on the certificate of insurance.
Company is responsible for filing updated certificates of insurance with the City of
Nashua's Risk Management Department during the life of the contract.

(1) All deductibles and self-insured retentions shall be fully disclosed in the
certificate(s) of insurance.

(2) If aggregate limits of less than $2,000,000 are imposed on bodily injury and
property damage, Company must maintain umbrella liability insurance of at
least $1,000,000. All aggregates must be fully disclosed on the required
certificate of insurance.

19 City of Nashua, NH
Full Statistical Revaluation Contract

5.6

5.7

(3) The specified insurance requirements do not relieve Company of its
responsibilities or limit the amount of its liability to the Municipality or other
persons, and Company is encouraged to purchase such additionai insurance, as
it deems necessary.

(4) The insurance provided herein is primary, and no insurance held or owned by
the Municipality shall be called upon to contribute to a loss.

(5) Company is responsible for and required to remedy all damage or loss to any
property, including property of the Municipality, caused in whole or part by
Company or anyone employed, directed, or supervised by Company.

Within ten calendar days after the Municipality issues the notice of award, Company
shall provide certificates of insurance by a State of NH licensed insurer confirming
the required insurance coverage for Municipality with which the appraisal Company
is contracting.

Company shall provide Municipality and the DRA a thirty (30) day advance written
notice of the cancellation or material change in the required insurance coverage.

PERFORMANCE BOND

6.1

In-lieu of a performance bond, the Municipality shall hold an additional ten percent
(10%) retainage for a total of twenty percent (20%) or $100,000.00.

ESTIMATED SIZE OF REVALUATION

7.1

it is agreed between the parties that the entire revaluation consists of an estimate
of 28,728 parcels as defined by RSA 75:9. In the event that the number of parcels
should exceed 29,000 parcels, the Company shall be entitled to additional
compensation of $15.00 per parcel.

ADDENDUMS, AMENDMENTS AND APPENDIXES

8.1

Addendums, amendments and appendixes pertaining to this contract may be added
by separate instrument in writing and shall meet all requirements of Section 2.1.
8.1.1 Below isa list of personnel that will be working on the project with their DRA

status:

1) Robert Tozier Supervisor

2) Kenneth Rodgers Supervisor

3) Doug Rollins Assistant Assessor
4) George Lickiss Supervisor

5) Joey Smith Supervisor

8.1.2. The proposed timeline is for informational purposes only. The only date
subject to penalty is the Project Completion date of October 1, 2018. The
project shall begin with a start-up meeting with the City and DRA. Below is

20 City of Nashua, NH
Full Statistical Revaluation Contract

the timeline:

CHOICE OF LAW AND FORUM

Task Start Date | Completion Date
Start Up Meeting with City and DRA 03/30/18
Public Relations On-Going

Measure and List Sales 04/02/18 05/11/18
Data Entry of Data Collection 04/09/18 05/18/18
Sales Analysis 05/21/18 06/15/18
Update Tables 05/21/18 06/15/18
Preliminary Valuations 05/21/18 06/15/18
Field Review 06/18/18 08/03/18
Final Valuations 08/06/18 08/17/18
City Review of Values 08/20/18 08/24/18
Mail Hearing Notices 08/27/18 08/31/18
Informal Hearings 09/03/18 09/21/18
Final Products Delivered 09/24/18 09/28/18
Project Completion 10/01/18

9.1 This contract shall be governed and construed in accordance with the law of the
State of New Hampshire. Any action at law or in equity arising out of the contract,
the work performed thereunder, or in any way referable thereto may be brought in
the New Hampshire Superior Court for the Southern District of Hillsborough County
or the New Hampshire 9" Circuit Court District Division Nashua and not elsewhere.

21

City of Nashua, NH

Full Statistical Revaluation Contract

10. SIGNATURE PAGE

CITY OF NASHUA

By:

By:

By:

KRT APPRAISAL

By:

Robert A. Tozier, Vice President

Witness

22

Date:

Date:

Date:

Date:

City of Nashua, NH
Full Statistical Revaluation Contract

REPORT OF THE FINANCE COMMITTEE

FEBRUARY 21, 2018

A meeting of the Finance Committee was held on Wednesday, February 21, 2018, at 7:00 p.m. in the
Aldermanic Chamber.

Mayor Jim Donchess, Chairman, presided.

Members of the Committee present: Alderman Michael B. O’Brien, Vice Chair
Alderwoman-at-Large Shoshanna Kelly
Alderman-at-Large Brandon Michael Laws
Alderman Patricia Klee
Alderman June M. Caron
Alderman Linda Harriott-Gathright

Also in Attendance: Dan Kooken, Purchasing Manager
James Vayo, Downtown Specialist
Larry Budreau, Human Resources Director
Nick Caggiano, Superintendent of Parks and Recreation
David Boucher, Superintendent, Wastewater

PUBLIC COMMENT — None
COMMUNICATIONS

From: Dan Kooken, Purchasing Manager
Re: Purchase of NPD Ammunition (Value: $66,395)

MOTION BY ALDERWOMAN KELLY TO ACCEPT, PLACE ON FILE AND AWARD THE PURCHASE TO
EAGLE POINT GUN/TJ MORRIS & SON IN THE AMOUNT OF $66,395. FUNDS ARE AVAILABLE IN
DEPARTMENT 150, POLICE; AMMUNITION AND SUPPLY ACCOUNT

MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: Purchase of NPD Firearms (Value: $52,730);

MOTION BY ALDERWOMAN KELLY TO ACCEPT, PLACE ON FILE AND AWARD THE PURCHASE TO
ATLANTIC TACTICAL IN THE AMOUNT OF $52,730. SOURCE OF FUNDING IS DEPARTMENT 150,
POLICE; FIREARMS ESCROW

MOTION CARRIED

Alderman Laws

| was reading the purchase order and you are switching over to the Sig Sauer P320. Sig is in New Hampshire,
but we are ordering from a company outside of New Hampshire. Is there a reason for that? Does Sig not
distribute directly to police departments or are we getting a better deal from a dealer distributor?

Adam Anderson, NPD

Atlantic Tactical is the only company authorized to operate in the northeast per six hours, so it’s a sole source.

Finance Committee - 2/21/2018 Page 2
Alderman Harriott-Gathright

| think somewhere | read that normally the guns last five to seven years, but this was four years.

Mr. Anderson

The guns are very close to coming up. Five years, Smith-Wesson, the current guns that we have are required

to have all of the internals replaced which is extremely labor intensive and expensive. These guns are starting
to reach the end of the lifespan. They will require labor and purchasing of many new parts.

Mayor Donchess
What's the lead time on the purchase? You put the order in, and how soon do you get the firearms?
Mr. Anderson

| spoke to Jim Barry yesterday. He said we would receive them by August if we put it in within the next couple
of weeks.

From: Dan Kooken, Purchasing Manager
Re: Purchase of NPD Forensic Workstation (Value: $13,995)

MOTION BY ALDERWOMAN KELLY TO ACCEPT, PLACE ON FILE AND AWARD THE PURCHASE TO
SUMURI IN THE AMOUNT OF $13,995. FUNDS ARE AVAILABLE IN DEPARTMENT 150, POLICE;
EQUITABLE SHARING FORFEITURE ACCOUNT

From: Dan Kooken, Purchasing Manager
Re: Purchase of NPD Tasers (Value: $14,759)

MOTION BY ALDERWOMAN KELLY TO ACCEPT, PLACE ON FILE AND AWARD THE PURCHASE

TO TASER INTERNATIONAL, INC. IN THE AMOUNT OF $14,759. SOURCE OF FUNDING IS
DEPARTMENT 150, POLICE; GENERAL FUND, FIREARMS ACCOUNT

ON THE QUESTION

Mayor Donchess

Can you give us a brief explanation on this one?

Mr. Anderson

We currently have 35 Tasers issues to officers. Taser has sent out a memo that the typical lifespan expected
from a Taser, it being an electronic device, is approximately about five years. We currently have 23 Tasers
that are five years or older and 9 Tasers that are seven years or older. These Tasers are to replace some of
those older Tasers that we would like to take off the street that are less than allowed.

Alderman Laws

What do you do with the old Tasers?

Mr. Anderson

They have no resale value; they get destroyed.

MOTION CARRIED

Finance Committee - 2/21/2018 Page 3

From: Dan Kooken, Purchasing Manager
Re: Lawson Consulting Services (Value: $10,000)

MOTION BY ALDERWOMAN KELLY TO ACCEPT, PLACE ON FILE AND APPROVE THE PURCHASE
FROM SURETY SYSTEMS IN THE AMOUNT OF $10,000. FUNDS ARE AVAILABLE IN DEPARTMENT
111, HUMAN RESOURCES; GENERAL FUND

ON THE QUESTION
Larry Budreau, Human Resources Director

Lawson is the name of the software that the city uses for its financial, human resources and payroll work. The
payroll work is very complicated for the city. We are administering the 17 union contracts and 3 non-union
agreements. Those continually have changes as contracts are amended. We don’t have the in-house
expertise to always configure those changes or to debug problems. Last fiscal year the payroll and human
resources department, for one reason or another, turned over 100 percent. We spent $156,000 with this
company. Surety Systems is a very specialized temporary staffing agency. They have consultants with
Lawson expertise with whom we contract to work with mostly over the telephone who sign onto our systems.
We have spent $7500 this year fiscal year. We are seeking to increase that purchase order by $10,000 so we
have the elbow room as we go through the balance of this fiscal year to seek help when we need it.

Alderman O’Brien
Does this also include training for these particular upgrades with these people or is that done in-house?
Mr. Budreau

Every time we get a consultant, we learn so much. We spent a $150,000; we budgeted $30,000 this year.
Many of the things that are repetitive we can now do ourselves.

MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: Engineering Study for East Hollis Street/Bridge Street Improvements (Value: $256,503)

MOTION BY ALDERWOMAN KELLY TO ACCEPT, PLACE ON FILE AWARD THE CONTRACT TO
MCFARLAND-JOHNSON IN THE AMOUNT OF $256,503. FUNDS ARE AVAILABLE IN DEPARTMENT
183, ECONOMIC DEVELOPMENT, EAST HOLLIS STREET INTERSECTION IMPROVEMENT GRANT

James Vayo, Downtown Specialist

This is a contract for design services from McFarland-Johnson for studying various alternatives and selecting a
preferred alternative for improvements to the intersection of Bridge Street and East Hollis Street adjacent to the
pair of bridges known as Taylor Falls that go into Hudson, adjacent to the former skate park area. The total
budget and federal dollars that’s been allocate to this project is $3.6 million and some change. This is 100
percent matched funds from DOT so none of this money is money that is procured on a municipal or a city
level.

Over the next several months, McFarland-Johnson will engage in a design process followed by community
input session that will result in a final design that will be put forth to DOT for approval to move onto the next
phase which will result in a construction project 18-24 months down the road.

Finance Committee - 2/21/2018 Page 4
Alderman O’Brien

This will also encumber the new development that’s down there on Bridge Street and looking at that influx of
traffic into that at the East Hollis Street Bridge, correct?

Mr. Vayo

Are you talking about Bancroft Street?
Alderman O’Brien

Yes.

Mr. Vayo

Part of how this traffic improvement project came to bear was the result of coordination between the developer
for that new construction that you see over there and the City of Nashua to develop a comprehensive
improvement that would create new and improved access to that development. It was not the genesis of this
project, but it was part of the discussion of why this came to bear. Additionally, something that we will be
looking at during the design process is future connections to Crown Street and the Park and Ride facility. The
work that will be included here will not include in its scope a connection to Crown Street but it will include
observation and some documentation of design work that would allow a connection to happen in the future.

MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: Amendment #2 to Post Construction Engineering Services Contract with Hayner Swanson
(Value: $77,630)

MOTION BY ALDERWOMAN KELLY TO ACCEPT, PLACE ON FILE AND AUTHORIZE CHANGE
ORDER #2 TO THE CONTRACT WITH HAYNER SWANSON IN THE AMOUNT OF $77,630. SOURCE
OF FUNDING IS DEPARTMENT 160, ADMINISTRATION/ENGINEERING; BROAD STREET PARKWAY
BOND

ON THE QUESTION

Mayor Donchess

There’s still follow-up work to be done on the Broad Street Parkway. There is punch list items; small things
plus the wrapping up of the federal funds and the final approvals that are necessary, particularly the
repurposing of $4 million that resulted from the change in the route which was adopted in 2010. The City and
the federal DOT and state DOT agreed to change the route in 2010. Previous to that some property had bene
acquired, Nimco and some other buildings in the Millyard. When the route was changed those properties,
although already acquired, were no longer necessary. A couple of years ago the federal highway ruled that
because the properties had not been used, even though the acquisition had been approved by federal DOT,
they were not eligible expenses for federal reimbursement. Because the city had already expended so much
money of its own on the project, if the disallowance of those expenses which is somewhere between $4 - $5
million, meant that the city would not have been able to fully spend the earmark which had been designed for
this project back quite some time ago — 15 or more years ago — leaving $4 - $5 million on the table so to speak.

We went to the Congressional Delegation and got some help there. Senators Shaheen, Hassan and
Congresswoman Kuster worked with federal DOT and state DOT. They agreed to repurpose the funds to
approve a repurposing of the funds towards paving of major roads in the city. This is in addition to this $37
million paving project you’ve heard of. This money is being repurposed to pave Kinsley Street, part of Amherst
Street, Somerset Parkway and some other significant roads. The red-tape required in getting this repurposing

Finance Committee - 2/21/2018 Page 5
approved is quite extensive. It’s still not totally okayed. We expect to get that soon, this spring. Hayner
Swanson is more involved in this whole repurposing issue than anyone else. They have a rather strong,
lengthy relationships with all of the parties and understand the regulations that are necessary to accomplish
this. This is basically making sure that we are able to fully take advantage of the federal funds that were
originally assigned to the project. This is bonded money. This is money that is still left over from the bonds
that the city sold pursuant to this project.
MOTION CARRIED
From: Dan Kooken, Purchasing Manager
Re: Change Order #1 to Construction Services Contract with Siemens for LED Street Lighting

(Value: $42,000)
MOTION BY ALDERWOMAN KELLY TO ACCEPT, PLACE ON FILE AND AUTHORIZE CHANGE ORDER
#1 TO THE CONTRACT WITH SIEMENS IN THE AMOUNT OF $42,000. FUNDS ARE AVAILABLE IN
DEPARTMENT 161, STREETS; LED LIGHTING BOND
ON THE QUESTION
Alderman O’Brien
| am amazed that we only had 11 fixtures that seemed to have the type of damage for the type of winter that
we're having. That seems like an extremely low number compared to the 5,500 street lights that we have out
there. We're doing very good with the LEDs evidently.
Mr. Kooken
Yes, they are very durable. Some of this is to buy some fixtures for specific neighborhoods.
Alderman O’Brien

Very good.

From: Dan Kooken, Purchasing Manager
Re: 2018 Street Paving Program — Pavement Cores (Value: Not-To-Exceed $30,000)

MOTION BY ALDERWOMAN KELLY TO ACCEPT, PLACE ON FILE AND AWARD THE CONTRACT
TO S.W. COLE ENGINEERING IN AN AMOUNT NOT-TO-EXCEED $30,000. SOURCE OF FUNDING
IS DEPARTMENT, 161 STREETS; GENERAL OPERATING FUND, PAVING; AND, TRUST ACCOUNT,
54, PROPERTY SERVICES

ON THE QUESTION

Alderman Caron

Can you tell me when this is going to begin?

Mr. Kooken

| think it’s the spring.

Mayor Donchess

| think it is as soon as the weather allows. The point of this contract was to assess the streets that are going to
be paved. It will start as soon as the weather is good enough to begin the work.