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10. PAYMENT.

a. Fees shall be paid for services rendered following the City's receipt of a correct
invoice, which designates the specific applicable charges. The City will not be subject
to any late payment charges or interest. Rates shall be fixed during the term of this
Contract. The City will process correctly documented invoices for payment and
Appraiser should receive payment for such invoice thirty (30) days from receipt by
the City.

b. All invoices shall be submitted to Attorney Celia K. Leonard via email at
leonardc@nashuanh. gov. The invoices shall include (but not be limited to) the
following information: Date of invoice, Property address, itemization to include line
item costs for services and total of all costs billed to date.

11. CITY'S CONTRACT ADMINISTRATOR.

The City Office of Corporation Counsel will manage the Contract on behalf of the City and will
be the principal point of contact for the City concerning the Appraiser's performance under this
Contract

12. CONTRACT ADMINISTRATION.

Any notice or demand or other communication required or permitted to be given under this
Contract or applicable law shall be effective if and only if it is in writing properly addressed, and
either delivered in person, or by a recognized courier service, or deposited with the United States
Postal Services as first-class certified mail, postage prepaid and return receipt requested, to the
parties at the following addresses:
To City at: Celia K. Leonard, Associate Corporation Counsel

Office of Corporation Counsel

229 Main Street, PO Box 2019

Nashua, NH 03061-2019

leonardc@nashuanh. gov

To Appraiser at: Barry J. Cunningham, PhD, MAI
Valuation Research Counseling
P.O. Box 1460
Grantham, NH 03753
Barry@ValuationResearchCounseling.com

13. APPRAISER AS AN INDEPENDENT CONTRACTOR.
The Appraiser shall be and shall remain an Independent Contractor with respect to all services

performed hereunder and he agrees to and does hereby accept full and exclusive liability for the
payment of any and all contributions or taxes for Social Security, unemployment insurance or

old age retirement benefits, pensions or annuities now or hereafter imposed under any state or
federal law which are measured by the wages, salaries or other remunerations paid to the
Appraiser or persons employed by the Appraiser for work performed under the terms of this
Contract and further agrees to obey all lawful rules and regulations and to meet all lawful
requirements which are now, or hereafter may be, issued or promulgated under said respective
laws.

14. OWNERSHIP OF WORK PRODUCT.

a. Unless otherwise provided, data that originates from this Contract shall be "works
for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by the City.
Data shall include, but not be limited to reports, documents, pamphlets, advertisements,
books, magazines, surveys, studies, computer programs, films, tapes, sound
reproductions, or source code and object code. Ownership includes the right to copyright,
patent, register and the ability to transfer these rights.

b. Data which is delivered under this Contract, but which does not originate therefrom,
shall be transferred to the City with a nonexclusive, royalty-free, irrevocable license to
publish, translate, reproduce, deliver perform, dispose of, and to authorize others to do so;
provided, that such license shall be limited to the extent which the Appraiser has a right
to grant such a license. The Appraiser shall exert all reasonable effort to advise the City
at the time of delivery of data furnished under this Contract, of all known or
potential infringements for privacy or other intellectual property contained therein and of
any portion of such document that was not produced in the performance of this Contract.
The City shall have the right to modify or remove any restrictive marking placed upon
the data by the Appraiser.

c. Appraiser shall not use or in any manner disseminate any work product or program
under this Contract to any third party without the prior written permission of the City.

15. RECORDS.

The Appraiser shall maintain records of all details with respect to the services to be performed
under this Contract, including one complete copy of each appraisal report and related notes, for
three (3) years after delivering the report.

16. QUALIFICATIONS.

The Appraiser warrants that he or she is qualified to perform the services to be furnished under
this Contract and is permitted by law to perform such services. Appraiser’s opinion of value will
be developed competently and with independence, impartiality and objectivity. Appraiser shall
use all approaches necessary to develop a credible opinion of value. In addition, the Appraiser
certifies that the statement, which shall be appended to his or her appraisal, setting forth his or
her technical qualifications, general appraisal experience, specific experience in appraising
properties of the type involved in this Contract, the courts in which he or she has testified as an

expert witness, and other information pertinent to establishing his or her technical qualifications
is true and correct.

17. CONTRACT TERMINATION.

a. Termination for Default. If either the City or the Appraiser violates any material term or
condition of this Contract or fails to fulfill in a timely and proper manner its obligations under
this Contract, then the aggrieved party shall give the other party written notice of such failure or
violation. The responsible party shall give the other party written notice of a proposed correction
to such failure or violation. The responsible party will correct the violation or failure within
thirty (30) calendar days or as otherwise mutually agreed. If the failure or violation is not
corrected, this Contract may be terminated immediately by written notice from the aggrieved
party to the other party. The option to terminate shall be at the sole discretion of the aggrieved
party. If it is determined for any reason the failure to perform is without the defaulting party's
control, fault, or negligence, the termination shall be deemed to be a Termination for
Convenience. This section shall not apply to any failure(s) to perform that result from the willful
or negligent acts or omissions of the aggrieved party.

b. Term for Convenience. When it is in the best interest of the City, the City may terminate
this Contract, in whole or in part by providing fourteen (14) calendar days or other appropriate
length of time written notice to the Appraiser prior to the effective date of termination. If this
Contract is so terminated, the City is liable only for payments required by the terms of this
Contract for services received and accepted by the City.

18. APPLICABLE LAW, REMEDIES.

This Contract shall be governed in accordance with the laws of the State of New Hampshire. All
claims, counterclaims, disputes and other matters in question between the City its agents and
employees, and the Appraiser arising out of or relative to this Contract or its breach will be
brought in the Hillsborough County Superior Court, Sothern District, State of New Hampshire.

19. NONEXCLUSIVE REMEDIES.

The remedies provided for in this Contract shall not be exclusive but are in addition to all other
remedies available under the law.

20. MODIFICATIONS.

No modification, amendment, alteration, addition or waiver of any section or condition of this
Contract shall be effective or binding unless it is in writing and signed by an authorized
representative of the City and the Appraiser.

21. SEVERABILITY.
If any term or condition of this Contract or the application thereof to any person(s) or
circumstances is held invalid, such invalidity shall not affect other terms, conditions, or

applications which can be given effect without the invalid term, condition, or application; to this
end the terms and conditions for the Contract are declared severable.

22. SURVIVORSHIP.

All services executed pursuant to the authority of this Contract shall be bound by all of the terms,
conditions, prices discounts and rates set forth herein, notwithstanding the expiration of the
initial term of this Contract, or any extension thereof. Further, the terms, conditions, and
warranties contained in this Contract that by their sense in context are intended to survive this
completion of the performance, cancellation or termination of this Contract, shall so survive.

23. ASSIGNMENT.

This Contract may not be assigned or otherwise transferred to others by the Appraiser without
the prior written consent of the City.

24. ENTIRE AGREEMENT.

This Contract sets forth the entire agreement between the Parties with respect to the subject
matter hereof. Understandings, agreements, representation or warranties not contained in this
Contract, or as written amendment hereto, shall not be binding on either Party. Except as
provided herein, no alteration of any terms, conditions delivery, price, quality or specifications of
this Contract shall be binding on either Party without the written consent of both Parties.

25. AUTHORITY TO BIND.

The signatories to this Contract represent that they have the authority to bind themselves and
their respective organizations to this Contract.

IN WITNESS WHEREOF, the parties have executed this Contract as of the day and year written
below.

City of Nashua Valuation Research Counseling
By: James W. Donchess, Mayor, By: Barry J. Cunningham,
duly authorized duly authorized

Best Buy Co., LP (226-2019-CV-00610) 2018 220 Daniel Webster Highway
Best Buy Co., LP (226-2020-CV-00416) 2019 220 Daniel Webster Highway
Dayton Hudson Corporation (Target) (226-2019-CV-00514) 2018 310 Daniel Webster Highway
JC Penney Properties, Inc. (226-2019-CV-00513) 2018 310 Daniel Webster Highway
Kimco Webster Square, LLC (226-2019-CV-00589) 2018 256-268 & 274 Daniel Webster Highway
Kohl's Department Stores, Inc. (226-2019-CV-00595) 2018 21 Gusabel Avenue

Kohl's Department Stores, Inc. (226-2020-CV-00417) 2019 21 Gusabel Avenue

Lowe's Home Centers, LLC (226-2019-CV-00596) 2018 143 Daniel Webster Highway
Lowe's Home Centers, LLC (226-2020-CV-00418) 2019 143 Daniel Webster Highway
May Department Stores Co. (Macy's) (29465-18PT) 2018 310 Daniel Webster Highway
Pheasant Lane Mall FB, LLC (226-2019-CV-00612) 2018 310 Daniel Webster Highway
Pheasant Lane Mall FB, LLC (226-2020-CV-00329) 2019 310 Daniel Webster Highway
Pheasant Lane Realty Trust (226-2019-CV-00609) 2018 310 Daniel Webster Highway
Pheasant Lane Realty Trust (226-2020-CV-00330) 2019 310 Daniel Webster Highway
Seritage SRC Finance LLC (Sears) (226-2019-CV-00497) 2018 310 Daniel Webster Highway
Target Corporation (226-2019-CV-00515) 2018 600 Amherst Street

REPORT OF THE FINANCE COMMITTEE

JUNE 2, 2021
A meeting of the Finance Committee was held on Wednesday, June 2, 2021, at 7:00 p.m. via teleconference.

Alderman Patricia Klee, Vice-Chairman, presided.

Mayor Donchess

As Vice-Chairman of the Finance Committee, | find that due to the State of Emergency declared by
the Governor as a result of the COVID-19 pandemic and in accordance with the Governor's Emergency Order
#12 pursuant to Executive Order 2020-04 and subsequent extensions, this public body is authorized to meet
electronically.

Please note that there is no physical location to observe and listen contemporaneously to this meeting, which
was authorized pursuant to the Governor's Emergency Order. However, in accordance with the Emergency
Order, | am confirming that we are:

Providing public access to the meeting by telephone, with additional access possibilities by video or other
electronic means:

To access Zoom, please refer to the agenda or the City’s website for the meeting link.

To join by phone dial: 1-929-205-6099
Meeting ID: 820 2188 5372 Passcode: 204778

The public may also view the meeting via Channel 16.

We previously gave notice to the public of the necessary information for accessing the meeting, through public
postings. Instructions have also been provided on the City of Nashua’s website at www.nashuanh.gov and
publicly noticed at City Hall and Nashua Public Library.

If anyone has a problem accessing the meeting via phone or Channel 16, please call 603-589-3329 and they will
help you connect.

In the event the public is unable to access the meeting via the methods mentioned above, the meeting will be
adjourned and rescheduled. Please note that all votes that are taken during this meeting shall be done by roll
call vote.

Let’s start the meeting by taking a roll call attendance. When each member states their presence, please also
state whether there is anyone in the room with you during this meeting, which is required under the Right-To-
Know Law.

The roll call was taken with 4 members of the Finance Committee present: Alderman Patricia Klee,
Alderwoman Elizabeth Lu, Alderman-at-Large Brandon Michael Laws, Alderman-at-Large Michael B. O’Brien,
Sr.

Members not in Attendance: Mayor Jim Donchess, Alderman Linda Harriott-Gathright and Alderwoman-at-
Large Shoshanna Kelly, were recorded absent.

Finance Committee - 06/02/2021 Page 2

Also in Attendance: John Griffin, CFO/Comptroller
Kim Kleiner, Administrative Services Director
Kelly Parkinson, Purchasing Manager
Jennifer Deshaies, Risk Manager
Shawn Smith, Director of Plant Operations - School
David Boucher, Wastewater Superintendent
Dan Hudson, City Engineer
Jeff Lafleur, Superintendent of Solid Waste

PUBLIC COMMENT - None
COMMUNICATIONS
From: Kelly Parkinson, Purchasing Manager
Re: Roof Replacement at 14 Court Street in the amount of $268,340 funded from accounts

Building Trust Fund/81100 Capital Improvements (129 City Buildings)
MOTION BY ALDERMAN O’BRIEN TO ACCEPT, PLACE ON FILE, AND AWARD A CONTRACT FOR A
COMPLETE ROOF REPLACEMENT AT 14 COURT STREET WITH COROLLA ROOFING IN THE AMOUNT
OF $268,340. FUNDING WILL BE THROUGH: DEPARTMENT: 129 CITY BUILDINGS; FUND: BUILDING
TRUST FUND/81100 CAPITAL IMPROVEMENTS, BY ROLL CALL.
ON THE QUESTION

Jennifer Deshaies, Risk Manager

I'll answer any questions if anyone has any.

Vice-Chairman Klee

Does anyone have any questions?

Alderman O’Brien

| would just like to say that for those that do or do not know, the original history | am partial to it. It was
originally a fire station that was converted into a theater. It does have besides the horses no longer pull the
apparatus out of the building but the building itself does have a life and will continue to have a life in the city if
we put a roof on it. | am going to strongly support anything that keeps our infrastructure going should be
approved. Thank you.

Vice-Chairman Klee

Are there any other comments or questions? Well I’d like to say that | think the roof is probably from when
Alderman O’Brien was a firefighter or when the building probably still had horse and buggy kind of type of
thing. | Know I’ve been dripped on more than once in that building. I’m looking forward and | saw the pictures
and so on. | think it’s necessary.

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

Yea: Alderman Klee, Alderwoman Lu, Alderman Laws, Alderman O’Brien 4

Nay: 0
MOTION CARRIED

Finance Committee - 06/02/2021 Page 3

From: Kelly Parkinson, Purchasing Manager

Re: 3 Vehicles for Nashua City Schools in the amount of $106,970 funded from accounts CERF/81500
Vehicles (School)

MOTION BY ALDERMAN O’BRIEN TO ACCEPT, PLACE ON FILE, AND APPROVE THE PURCHASE OF

THREE VEHICLES — ONE 2021 FORD ESCAPE, ONE 2022 FORD E250 BOX VAN AND ONE 2021 FORD

350 TRANSIT VAN) IN THE TOTAL AMOUNT OF $106,970. FUNDING WILL BE THROUGH:

DEPARTMENT: 191 SCHOOL DEPARTMENT; FUND: CERF/81500 VEHICLES, BY ROLL CALL.

ON THE QUESTION

Shawn Smith, Director of Plant Operations - School

| think it pretty much speaks for itself. The youngest of these vehicles we’re replacing is 14 years old. So | feel
like we got our monies worth. The oldest was driven by the Superintendent. Some of you may remember Joe
Guiliano. So this goes way back. The vehicles that we’re replacing actually we’re semi-retiring we'll use them
as spares for about a year. We're trading two vehicles that were actually replaced last year. The $106,000
and change that the total comes to will be slightly less than that when we get the trade in value. | don’t expect
that to be very much because the vehicles that we’re going to be trading in are even older than these so
maybe a couple thousand dollars less. We'll know when we actually get the invoice.

Vice-Chairman Klee
Are there any questions for Mr. Smith?

| just have one quick question Mr. Smith. Do the vehicles as you said that the two that it’s replacing obviously
we’re keeping those. We're not using those as a trade in. Is that correct? Just using the previous trade ins.

Shawn Smith, Director of Plant Operations - School

Yes. So the vehicles | replaced last year are the ones we’re trading in this year.
Vice-Chairman Klee
Do we just keep these others in abeyance in case something happens or?

Shawn Smith, Director of Plant Operations - School

Yes. So the box van for example, the cargo van, really all of them will be used by summer grounds personnel
or when one of my vans goes in for service, then the technician will be using one of these spares until they get
their own vehicle back.

Vice-Chairman Klee

Thank you so much. That answers those questions. Again, no other questions or comments? Mr. Clerk
would you please call the roll.

A viva voce roll call was taken which resulted as follows:
Yea: Alderman Klee, Alderwoman Lu, Alderman Laws, Alderman O’Brien 4
Nay: 0

MOTION CARRIED

Finance Committee - 06/02/2021 Page 4

From: Kelly Parkinson, Purchasing Manager
Re: Sewer Replacement Change Order #3 in the amount of $1,300,000 funded from accounts
81700 Infrastructure Improvements (169 Wastewater)

MOTION BY ALDERMAN O’BRIEN TO ACCEPT, PLACE ON FILE, AND APPROVE CHANGE ORDER NO.
3 TO THE 2020 SEWER REPLACEMENT PROJECT WITH SUR CONSTRUCTION WEST, INC., OF
WINCHESTER, NH, FOR AN AMOUNT NOT TO EXCEED $1,300,000. FUNDING WILL BE THROUGH
DEPARTMENT: 169 WASTEWATER; FUND: BONDED; ACTIVITY; SEWER REPAIR, BY ROLL CALL.

ON THE QUESTION

Daniel Hudson, City Engineer

So we bring before you two different sewer items. This first one is for the repair of sewer. You may recall from
previous discussions that we do a lot of video inspection and lining. That’s going to be a future item tonight.
This item is a change order for actually digging up and replacing pipes that have collapsed or are in such poor
condition that we’re not able to line them. Back to Sur Construction West was awarded a contract in 2020 via
competitive bid for the work. They did an excellent job last year. We did a change order midway through the
year last year so we could accomplish some additional work and we bring before you a third change order to
that contract to try to extend that work through this season as well given that we had good success with them.

Vice-Chairman Klee
Thank you Mr. Hudson. Are there any questions? Comments?
Alderwoman Lu

Thank you Madam Vice-Chairman. Could you just tell me — the change order numbers? We’re missing the
number 2. Is that just an oversight? It looks like in the...

Daniel Hudson, City Engineer

Yes | can address that. Yeah you're correct. There was a change order 1 that was for a significant sum last
year because we added a bunch of work on Water Street. There was a change order 2. It was a small change
order. | believe it was less than $25,000 so it didn’t reach the level of being brought to this committee. That
was because we were a little bit delayed getting this going this year. We brought in a sewer bond and so we’re
a little bit late getting this going so that $25,000 or slightly less was brought just so we could continue to do
some work that was related to paving or paving streets to keep things moving. You may be missing the detail
on that change order 2 which was a small change.

Alderwoman Lu

Okay. The project total, | think, is correct. It includes that $25,000 it look likes to me. Okay thank you.
Vice-Chairman Klee

Is that? Thank you so much Alderwoman Lu. Any other questions?

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

Yea: Alderman Klee, Alderwoman Lu, Alderman Laws, Alderman O’Brien 4

Nay: 0

MOTION CARRIED

Finance Committee - 06/02/2021 Page 5

From: Kelly Parkinson, Purchasing Manager
Re: 2021 CIPP Lining Program in the amount of $1,990,745.39 funded from accounts 81700
Infrastructure Improvements (169 Wastewater)

MOTION BY ALDERMAN O’BRIEN TO ACCEPT, PLACE ON FILE, AND APPROVE THE AWARD OF THE
CONSTRUCTION CONTRACT FOR THE 2021 CIPP LINING PROGRAM TO GREEN MOUNTAIN PIPELINE
SERVICES, LLC, OF BETHEL, VT, IN THE AMOUNT OF $1,990,745.39 PENDING BOND APPROVAL.
FUNDING WILL BE THROUGH: DEPARTMENT: 169 WASTEWATER; FUND: BOND; ACTIVITY; SEWER
REHAB, BY ROLL CALL.

ON THE QUESTION
Daniel Hudson, City Engineer

So this is that second type of sewer rehabilitation work we do. This is the cured in place pipe lining. So
through the video inspection or “CCTV” stands for “closed circuit television” inspection of pipes. When we find
pipes that are aging but still able to be lined, we line them which basically creates a new pipe inside the pipe
restoring the useful life of the pipe. That’s what this project is and includes quite a bit of CCTV work where
estimating about 80,000 feet of that and about 30,000 feet of lining. We did put this out to competitive bid this
because we’ve been using the previous contractor for a couple of years. So we put this out to bid and Green
Mountain Pipeline Services is the low bidder. The references check out and we’d like to award the work to
them.

Vice-Chairman Klee

Thank you Mr. Hudson. | just want to comment also for the Aldermen that are here that Donna did send us the
actual contract for the previous one and this last one. They were obviously agenda items but she did send us
a copy of the contracts today. So they are in your e-mail if you needed to look at them.

Are there any questions or comments?

Alderwoman Lu

Thank you. Mr. Hudson if you could just refresh my memory. | feel as though we just covered this a few
months ago. Is it because we did a change order from 2020? Do you think that’s what I’m thinking of?

Daniel Hudson, City Engineer

Yes so Alderwoman Lu | think what you’re thinking of is | brought before you about a $200,000 change order
with our previous CCTV contractor. Again that was to buy us a couple of months while we were awaiting the
sewer bond approval. So yes currently we will have these two contractors under contract. The previous
contractor has been continuing to work and that was necessary because of the association with the paving
work we’re doing. So yeah that’s probably what you were thinking of when that contract runs its term from the
previous, this new contract will be the one that we’re using.

Alderwoman Lu

Thank you for helping me refresh your memory. | appreciate it. I’m all set.

Vice-Chairman Klee

That was a great question Alderwoman Lu. It seems like every time we turn around there’s another change
order or something going on. So | appreciate that question. Are there any other questions? Seeing none.