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Finance Committee — 10/06/2021 Page 12

Alderman O’Brien

Thank you. | did hear in the conversation the other night and tonight from Alderman Lu about sidewalks. | am sucha
supporter of sidewalks for the city, although installing them comes at a great cost. For the great cost of installing them, it
would be nice if somebody took care of them. | think if the Mayor remembers — help me out — but there’s an 1890
Supreme Court case or something around to that affect that for every sidewalk that we install in front of somebody’s
house, they are not responsible. Now | came from the City of Boston where you are responsible for the sidewalks. So no
matter how many sidewalks that you put in, you could be faced with the dilemma of some citizen not shoveling his
sidewalk and that the children or passengers are still at risk and they’re still out in the street. It’s quite a conundrum and
it's more than a sidewalk itself. Although | really support it. It does enhance safety. I’m all about sidewalks but | think we
have to globally look at that issue and then come up and find out a way to supersede that Supreme Court ruling where live
free or die, you don't have to shovel your sidewalk. Thank you.

Mayor Donchess

Any other comments — remarks by Aldermen?

Alderwoman Lu

Yes thank you Alderman O’Brien for that comment. | just want to clarify that what’s concerning me now is that we do have
extremely out of repair sidewalks up and down Kinsley Street, and that’s quite a populated residential area on either side
of that street, and yet it’s a main artery coming in. It’s one of the main roads that allow delivery trucks, four wheelers, and

the larger vehicles. So | think just to protect those people on the sidewalks, it’s important to keep them in repair. Thank
you.

Mayor Donchess

Anyone else? All right.

NON-PUBLIC SESSION - None

ADJOURNMENT

MOTION BY ALDERMAN HARRIOTT-GATHRIGHT TO ADJOURN, BY ROLL CALL
A viva voce roll call was taken which resulted as follows:

Yea: Alderwoman Lu, Alderman Harriott-Gathright, Alderwoman Kelly,
Alderman O’Brien, Mayor Donchess 5

Nay: 0
MOTION CARRIED
The Finance Committee meeting was adjourned at 7:57 p.m.

Alderman Linda Harriott-Gathright,
Committee Clerk

FINANCE COMMITTEE
OCTOBER 6, 2021

7:15 PM or immediately after Budget Review Committee Aldermanic Chamber and Zoom

To Join Zoom meeting: https://usO2web.zoom.us/j/83220428162?pwd=bT QORUVEZzBtdIZ1 VOxwbjBPVGwxQT09
Meeting ID: 832 2042 8162 Passcode: 570559

To Join by Telephone: 1-929-205-6099
Meeting ID: 832 2042 8162 Passcode: 570559

If there is a problem with the audio, please dial 603-589-3329 to advise.

ROLL CALL
PUBLIC COMMENT
COMMUNICATIONS

From: Kelly Parkinson, Purchasing Manager
Re: Ceiling Replacement in the IT office in City Hall in the amount not to exceed $26,648.00 funded from
accounts 81200 Buildings & Improvements

From: Kelly Parkinson, Purchasing Manager
Re: Conceptual Field Study at Mine Falls Park in the amount not to exceed $25,900 funded from accounts
55699 Other Contracted Services

From: Kelly Parkinson, Purchasing Manager
Re: Video Detection System in the amount not to exceed $104,580 funded from accounts Prior Year
Escrow

From: Kelly Parkinson, Purchasing Manager
Re: Purchase of Asphalt & Aggregates for Street Operations in the amount not to exceed $144,500
funded from accounts 61507 Asphalt 61535 Gravel/Loam

From: Kelly Parkinson, Purchasing Manager
Re: Emergency Repair Notification in the amount of $30,159.90 at the Public Health Building

UNFINISHED BUSINESS
NEW BUSINESS — RESOLUTIONS

R-21-165
Endorsers: Mayor Jim Donchess
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Patricia Klee
Alderman Skip Cleaver
AUTHORIZING THE CITY OF NASHUA TO ENTER INTO COMMUNICATIONS TOWER LEASE
AGREEMENT

e Board of Public Works with positive recommendation

R-21-172
Endorsers: Mayor Jim Donchess

Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Richard A. Dowd
Alderman Thomas Lopez
Alderman Linda Harriott-Gathright
Alderman-at-Large Brandon Michael Laws
Alderman Skip Cleaver
Alderwoman-at-Large Shoshanna Kelly
Alderman-at-Large Lori Wilshire

AUTHORIZING THE MAYOR TO ENTER INTO A SECOND AMENDMENT TO CONCESSION

AGREEMENT WITH GRANITE DIAMOND, LLC

NEW BUSINESS — ORDINANCES

RECORD OF EXPENDITURES

GENERAL DISCUSSION

PUBLIC COMMENT

REMARKS BY THE ALDERMEN

NON-PUBLIC SESSION

ADJOURNMENT

City of Nashua

Purchasing Department
Administrative Services Division (603) 589-3330
229 Main Street - Nashua, NH 03060 Fax (603) 594-3233

September 29, 2021
Memo #22-174

TO: Mayor Donchess
Finance Committee

SUBJECT: Ceiling Replacement in the IT office in City Hall in the amount not to exceed $26,648.00
funded from accounts 81200 Buildings & Improvements

Please see attached communications from Kimberly Kleiner, Director of Administrative Services, dated
September 27, 2021 for project specific details related to this purchase. Below please find a summary of
the purchase approval request:

Item:

Value:
Vendor:

Department:
Source Fund:

Ordinance:

Ceiling Replacement in the IT office at City Hall to include materials & labor for a
new acoustical ceiling, LED lighting upgrades and diffuser replacement. The
materials for this project were spec’d to match existing ceilings replaced on the
recent City Hall renovation project.

not to exceed $26,648

Boucher Acoustic: $14,080

Gate City Electric: $9,800

J Lawrence Hall: $2,768

129 City Buildings

81200 Buildings & Improvements

Pursuant to § 5-84 Special purchase procedures. A/(5) Purchases from a sole
manufacturer, where it is determined to be more efficient and economical to
reduce costs of maintenance of additional repair parts, supplies or services.

The Administrative Services Division, and the Purchasing Department respectfully request your approval

of this contract.

Regards,

Kelly Parkinson

Purchasing Manager

Ce: K Kleiner
J Graziano

City of Nashua

Information Technology Department (603) 589-3300
Administrative Services Division Fax (603) 594-3434
229 Main Street - Nashua, NH 03060

To: Mayor Donchess
Finance Committee

Date: September 27, 2021

Re: City Hall IT Office Ceiling Remodel Project

The attached Finance Committee request is for the total cost to remodel the City Hall IT Department
Suspended Ceiling. The details of the scope and cost of this project are included on the attached
quotes/proposals. The project is being funded through the Building Trust Fund under activity

2215.29.22.30, City Bldgs Improvements-IT.

Boucher Acoustic, LLC will be providing the materials and labor for suspended acoustical ceiling
upgrade at a cost of $14,080.

Gate City Electric will be providing materials and labor for the LED Lighting upgrades at a cost of
$9,800.

J. Lawrence Hall will be providing materials and labor for the installation of seven new supply
diffusers, one new branch duct, and one return grill at a cost of $2,768.

The total cost of this project is $26,648.

Nick Miseirvitch,
Deputy Director, Information Technology

Ce: K. Kleiner
K. Parkinson

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 03060-2019

And the CONTRACTOR: Boucher Acoustic, LLC
695 Mast Road, Unit 3
Manchester, NH 03102
603-622-7278
brian@boucheracoustic.com

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

For the following Project: | Materials and labor for suspended acoustical ceilings

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;

2. Insurance Certificate;

3. Submitted Estimate/Proposal

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

Page 1 of 13

ARTICLE 2— WORK TO BE PERFORMED

Except as otherwise provided in this contract, CONTRACTOR shall furnish all services,
equipment, and materials and shall perform all operations necessary and required to carry out and
perform in accordance with the terms and conditions of the contract the work described.

DESCRIPTION OF WORK:

See attached Estimate/Proposal

ARTICLE 3 — PERIOD OF PERFORMANCE

CONTRACTOR shall perform and complete all work by __ 10/29/21 _ which date shall only be
altered by mutually approved written agreement to extend the period of performance or by
termination in accordance with the terms of the contract. CONTRACTOR shall begin
performance upon receipt of an Executed Contract and a valid Purchase Order issued from the
City of Nashua.

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:

Fourteen Thousand and Eighty DOLLARS ($14,080.00)
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; and
> Workers’ Compensation Coverage in compliance with the State of NH Statutes,
$100,000/$500,000/$100,000.

Page 2 of 13

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, or subcontractor’s. 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, or subcontractor’s. The parties also agree that CONTRACTOR is not an OWNER
employee and that there shall be no:

1. Withholding of income taxes by the OWNER:
. Industrial insurance coverage provided by the OWNER;
3. Participation in group insurance plans which may be available to employees of the
OWNER;
4. 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 OWNER;
6. Unemployment compensation coverage provided by the OWNER.

WN

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.

>» 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 OWNER, caused in whole or part by CONTRACTOR
or anyone employed, directed, or supervised by CONTRACTOR.

>» 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 OWNER, 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 hold harmless the OWNER, 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

Page 3 of 13

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
control or on its behalf in connection with or incidental to the performance of this contract.
CONTRACTOR’s indemnity 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.

Page 4 of 13

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 —- OWNER

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 (7) 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.

Page 5 of 13