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States or of any other nation. Professional Engineer agrees to indemnify, to defend, and
to hold harmless the City of Nashua, its representatives, and employees from any claim or
action seeking to impose liability, costs, and attorney fees incurred as a result of or in
connection with any claim, whether rightful or otherwise, that any material prepared by
or supplied to Professional Engineer infringes any copyright or that any equipment,
material, or process (or any part thereof) specified by Professional Engineer infringes any
patent.

Professional Engineer shall have the right, in order to avoid such claims or actions, to
substitute at its expense non-infringing materials, concepts, products, or processes, or to
modify such infringing materials, concepts, products, or processes so they become non-
infringing, or to obtain the necessary licenses to use the infringing materials, concepts,
products, or processes, provided that such substituted or modified materials, concepts,
products, or processes shall meet all the requirements and be subject to all the terms and
conditions of this contract.

. FINAL ACCEPTANCE Upon completion of all work under the contract, Professional

Engineer shall notify the City of Nashua in writing of the date of the completion of the
work and request confirmation of the completion from the City of Nashua. Upon receipt
of the notice, the City of Nashua shall confirm to Professional Engineer in writing that
the whole of the work was completed on the date indicated in the notice or provide
Professional Engineer with a written list of work not completed. With respect to work
listed by the City of Nashua as incomplete, Professional Engineer shall promptly
complete the work and the final acceptance procedure shall be repeated. The date of final
acceptance of a project by the City of Nashua shall be the date upon which the Board of
Public Works or other designated official accepts and approves the notice of completion.

TAXES Professional Engineer shall pay all taxes, levies, duties, and assessments of every
nature due in connection with any work performed under the contract and make any and
all payroll deductions required by law. The contract sum and agreed variations to it shall
include all taxes imposed by law. Professional Engineer hereby indemnifies and holds
harmless the City of Nashua from any liability on account of any and all such taxes,
levies, duties, assessments, and deductions.

NON-WAIVER OF TERMS AND CONDITIONS None of the terms and conditions of this
contract shall be considered waived by the City of Nashua. There shall be no waiver of
any past or future default, breach, or modification of any of the terms and conditions of
the contract unless expressly stipulated to by the City of Nashua in a written waiver.

RIGHTS AND REMEDIES The duties and obligations imposed by the contract and the
rights and remedies available under the contract shall be in addition to and not a
limitation of any duties, obligations, rights, and remedies otherwise imposed or available
by law.

PROHIBITED INTERESTS Professional Engineer shall not allow any officer or employee
of the City of Nashua to have any indirect or direct interest in this contract or the
proceeds of this contract. Professional Engineer warrants that no officer or employee of
the City of Nashua has any direct or indirect interest, whether contractual,
noncontractual, financial or otherwise, in this contract or in the business of Professional
Engineer. If any such interest comes to the attention of Professional Engineer at any

GC 11 of 13

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time, a full and complete disclosure of the interest shall be immediately made in writing
to the City of Nashua. Professional Engineer also warrants that it presently has no interest
and that it will not acquire any interest, direct or indirect, which would conflict in any
manner or degree with the performance of services required to be performed under this
contract. Professional Engineer further warrants that no person having such an interest
shall be employed in the performance of this contract. If City of Nashua determines that
a conflict exists and was not disclosed to the City of Nashua, it may terminate the
contract at will or for cause in accordance with paragraph 8.

In the event Professional Engineer (or any of its officers, partners, principals, or
employees acting with its authority) is convicted of a crime involving a public official
arising out or in connection with the procurement of work to be done or payments to be
made under this contract, City of Nashua may terminate the contract at will or for cause
in accordance with paragraph 8. Upon termination, Professional Engineer shall refund to
the City of Nashua any profits realized under this contract, and Professional Engineer
shall be liable to the City of Nashua for any costs incurred by the City of Nashua in
completing the work described in this contract. At the discretion of the City of Nashua,
these sanctions shall also be applicable to any such conviction obtained after the
expiration or completion of the contract.

Professional Engineer warrants that no gratuities (including, but not limited to,
entertainment or gifts) were offered or given by Professional Engineer to any officer or
employee of the City of Nashua with a view toward securing a contract or securing
favorable treatment with respect to the awarding or amending or making of any
determinations with respect to the performance of this contract. If City of Nashua
determines that such gratuities were or offered or given, it may terminate the contract at
will or for cause in accordance with paragraph 8.

The rights and remedies of this section shall in no way be considered for be construed as
a waiver of any other rights or remedies available to the City of Nashua under this
contract or at law.

THIRD PARTY INTERESTS AND LIABILITIES The City of Nashua and Professional
Engineer, including any of their respective agents or employees, shall not be liable to
third parties for any act or omission of the other party. This contract is not intended to
create any rights, powers, or interest in any third party and this agreement is entered into
for the exclusive benefit of the City of Nashua and Professional Engineer.

SURVIVAL OF RIGHTS AND OBLIGATIONS — The rights and obligations of the parties that
by their nature survive termination or completion of this contract shall remain in full
force and effect.

SEVERABILITY In the event that any provision of this contract is rendered invalid or
unenforceable by any valid act of Congress or of the New Hampshire legislature or any
court of competent jurisdiction, or is found to be in violation of state statutes or
regulations, the invalidity or unenforceability of any particular provision of this contract
shall not affect any other provision, the contract shall be construed as if such invalid or
unenforceable provisions were omitted, and the parties may renegotiate the invalid or
unenforceable provisions for sole purpose of rectifying the invalidity or unenforceability.

GC 12 of 13

30. MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT This contract constitutes the

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entire contract between the City of Nashua and Professional Engineer. The parties shall
not be bound by or be liable for any statement, representation, promise, inducement, or
understanding of any kind or nature not set forth in this contract. No changes,
amendments, or modifications of any terms or conditions of the contract shall be valid
unless reduced to writing and signed by both parties.

CHOICE OF LAW AND VENUE This contract shall be governed exclusively by the laws of
the State of New Hampshire and any claim or action brought relating to this contract, the
work performed or contracted to be performed thereunder, or referable in anyway thereto
shall be brought in Hillsborough County (New Hampshire) Superior Court Southern
Judicial District or in the New Hampshire 9th Circuit Court—Nashua and not elsewhere.

GC 13 of 13

Exhibit B

WEAVER BROS. CONST. CO., INC.

1629 Route 3A
Bow, NH 03304

Phone: (603) 228-8631
Fax: (603) 228-5375

USA
ROAD & EARTHWORK CONTRACTORS
To: City Of Nashua Contact:
Address: Division Of Public Works, 9 Riverside Street Phone:
Nashua, NH 03062 USA Fax:
Project Name: Nashua - Portable Concrete Barrier For Main Street Bid Number:
Project Location: Bid Date: 3/15/2021
|Item # Item Description Estimated Quantity Unit Unit Price Total Price]
606.417 PORTABLE CONCRETE BARRIER FOR TRAFFIC 1,880.00 LF $12.00 $22,560.00
CONTROL - PLACE
606.417 PORTABLE CONCRETE BARRIER FOR TRAFFIC 2,010.00 LF $10.00 $20,100.00
CONTROL - REMOVE
606.417 ALLOWANCE FOR MISC. BARRIER ADJUSTMENTS 1.00 DLR $12,000.00 $12,000.00
619.1 MAINTENANCE OF TRAFFIC ALLOWANCE 1.00 DLR $9,000.00 $9,000.00
619.25 TRAFFIC BARREL RENTAL PER YEAR 40.00 UNIT $85.00 $3,400.00
Total Bid Price: $67,060.00
Notes:

° Certified Payroll will be provided upon request.

e Price shown DOES NOT include Performance and Payment bond.
¢ Traffic control to be billed time and material.

¢ Unit pricing good through 12/31/2022

Payment Terms:

Payment due within 30 days of date of invoice, regardless of when payment is made by Owner.

ACCEPTED:

The above prices, specifications and conditions are satisfactory and
are hereby accepted.

Buyer:

CONFIRMED:

Signature:

Date of Acceptance:

Estimator:

Authorized Signature:

WEAVER BROS. CONST. CO., INC.

3/15/2021 12:05:59 PM

Page 1 of 1

REPORT OF THE FINANCE COMMITTEE

MARCH 8, 2021
A meeting of the Finance Committee was held on Wednesday, March 3, 2021, at 7:00 p.m. via teleconference.

Mayor Jim Donchess, Chairman, presided.

Mayor Donchess

As 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 Governors 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: 851 7675 0841 Passcode: 628446

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 603-821-2049 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 7 members of the Finance Committee present: Alderman Patricia Klee,
Alderwoman Elizabeth Lu, Alderman Linda Harriott-Gathright, Alderwoman-at-Large Shoshanna Kelly,
Alderman-at-Large Brandon Michael Laws, Alderman-at-Large Michael B. O’Brien, Sr., and Mayor Jim
Donchess.

Also in Attendance: David Fredette, Treasurer/Tax Collector
Kim Kleiner, Administrative Services Director
Kelly Parkinson, Purchasing Manager
Jeff LaFleur, Superintendent Solid Waste

Finance Committee - 03/03/2021 Page 2
ROLL CALL

Alderman Klee

| am here, | can hear the proceedings, | am at my home due to the restrictions of the pandemic.

Alderwoman Elizabeth Lu

| am here alone and | can hear the proceedings.

Alderman Harriott-Gathright

The Clerk is alone, | can hear the proceedings.
Alderwoman Kelly

| am here, | am alone and | can hear everyone.
Alderman Laws

| am here, alone and | can hear everyone.

Alderman O’Brien

| am present, | can hear the proceedings and | am alone.
Mayor Donchess

| am not present because | am socially distancing and | am in the room alone. Thank you Madam Clerk.
PUBLIC COMMENT - None

COMMUNICATIONS

From: Kelly Parkinson, Purchasing Manager

Re: General Engineering Service Contract Change Order in the amount of $31,000 funded from
account 53107 Architect & Engineering Services

MOTION BY ALDERMAN HARRIOTT-GATHRIGHT TO ACCEPT, PLACE ON FILE, AND APPROVE
CHANGE ORDER #1 TO THE ENGINEERING SERVICES CONTRACT FOR THE CITY OF NASHUA’S
ACTIVE AND CLOSED LANDFILLS WITH SANBORN HEAD AND ASSOCIATES OF CONCORD, NH, IN
THE AMOUNT OF $31,000.00. FUNDING WILL BE THROUGH DEPARTMENT: 168 SOLID WASTE;
FUND: SOLID WASTE; ACCOUNT CLASSIFICATION: 53 PROFESSIONAL AND TECHNICAL
SERVICES, BY ROLL CALL.

ON THE QUESTION

Mayor Donchess

Thank you and | believe Mr. LaFleur is here?

Finance Committee - 03/03/2021 Page 3

Jeff LaFleur, Superintendent Solid Waste

Yes | am, thank you Mayor; Jeff LaFleur, Superintendent of Solid Waste. This change order is requested
because of some rules and added reports that we had to do for DES. As you know, when DES makes a
change we have to hire an engineer and go through all of our paperwork and make sure everything is right.
There was a list submitted with this, if you’d like me to go through it | could. Just a few of them, the big ones
that these charges are going towards is — renew the Four Hills Groundwater Management Permit. We have to
actually file for the groundwater report, they changed some of the regulations on that because of PFAS, so we
had to resubmit that. Our Federal Greenhouse Gas Report was changed also because of some changes at
DES. Another big one was we had to review and comment on the draft of our new Title V which is our air
permit for the landfill.

Mayor Donchess

Alright any questions or anyone from the Committee or the Board.

Alderman Klee

Mr. Mayor?

Mayor Donchess

Yes, Alderwoman Klee?

Alderman Klee

Thank you. So just more for the public because | can see it in the document, Mr. Lafleur, this $31,000.00 is
very specific to these remaining scope items, these reports and so on that you had to do. The Administrative
cost of these is the $31,000.00 that you are asking for the change order, is that correct?

Mr. LaFleur

Exactly. Thank you.

Alderman Klee

It is nothing specific to the actual program but just these added additional requirements that the DES put on us,
is that correct?

Mr. LaFleur

Yes exactly. | usually budget a certain amount each year for our engineering through Sanborn Head and these
are above and beyond because of DES Regulations and Changes.

Alderman Klee

Thank you.

Finance Committee - 03/03/2021 Page 4

Mayor Donchess
Anyone else? Alright, Madam Clerk would you please call the roll?
A viva voce roll call was taken which resulted as follows:

Yea: Alderman Klee, Alderwoman Lu, Alderman Harriott-Gathright,
Alderwoman Kelly, Alderman Laws, Alderman O’Brien, Mayor Donchess 7

Nay: 0
MOTION CARRIED
From: Kelly Parkinson, Purchasing Manager

Re: Multi Year Software Maintenance Agreement in the amount of $4,860 funded from account General
Fund Prior Year Escrow, 54407 Software Maintenance

MOTION BY ALDERMAN HARRIOTT-GATHRIGHT TO ACCEPT, PLACE ON FILE, AND APPROVE THE 3-
YEAR RENEWAL REQUIRED FOR THE CONTINUED OPERATION OF LOGICMONITOR IN THE AMOUNT
OF $4,860 ANNUALLY FOR 3 YEARS FOR A TOTAL OF $14,580. FUNDING WILL BE THROUGH
DEPARTMENT: 122 INFORMATION TECHNOLOGY; FUND: GENERAL FUND — SOFTWARE
MAINTENANCE - PRIOR YEAR ENCUMBRANCE, BY ROLL CALL.

ON THE QUESTION

Mayor Donchess

Alright, | believe Ms. Kleiner is here on this.

Kim Kleiner, Director of Administrative Services

Director Kleiner

Good evening, so LogicMonitor is a program that we currently have within the City. It monitors our entire IT
Infrastructure. It is cloud based and it puts all of the information regarding our various infrastructure, all of our
servers, all of our programs into one dashboard to allow IT to monitor everything. It is a system that has
worked very well and has allowed our IT Staff to keep on top of any performance issues or security issues or
things that we may have within the large IT Infrastructure within the City. It is a 3-year contract which is the
main reason that it is flowing to you and it will require BOA approval. And as Alderwoman Gathright said it is
$4,860.00 a year.

Mayor Donchess

Alright any questions or comments?
Alderman Klee

Mr. Mayor?

Mayor Donchess

Alderwoman Klee.

Finance Committee - 03/03/2021 Page 5
Alderman Klee

Thank you so much. Ms. Kleiner, just for clarification, the $4,860.00 is per year and not the total 3 years. Is
that correct?

Director Kleiner

Correct. It is per year for a total of $14,580.00 for the life of the contract.

Alderman Klee

And, OK that answered my question. Thank you.

Mayor Donchess

Anyone else?

Alderwoman Lu

Yes, Alderwoman Lu please?

Mayor Donchess

Alderman Lu?

Alderwoman Lu

Thank you. And this is something that we are just renewing that we have purchased in the past, is that right?
Director Kleiner

Yes, that is correct. We have had it for a number of years. The latest dating back, | think, to 2016 that | could
find. It does provide these comprehensive dashboards, as you can imagine, with an IT Infrastructure the size of
the City, the various servers, the various programs; it is important to keep all this information in one place on a
dashboard that can easily be read so that we can stay ahead of any performance issues that there may be.
Alderwoman Lu

Just a follow up, please?

Mayor Donchess

Yes, of course.

Alderwoman Lu

Just because we saw a really large contract last meeting for a whole suite of software items. And | am just
curious why this was not included in that. Was that a different vendor or something?

Director Kleiner

Yes. So we generally bring contracts as they come up for renewal, so you would see different items within the
year. They wouldn’t all necessarily be at the same time and it is by vendor.

Finance Committee - 03/03/2021 Page 6

Alderwoman Lu

OK thank you.

Mayor Donchess

Anyone else? Madam Clerk, could you please call the roll?
A viva voce roll call was taken which resulted as follows:

Yea: Alderman Klee, Alderwoman Lu, Alderman Harriott-Gathright,
Alderwoman Kelly, Alderman Laws, Alderman O’Brien, Mayor Donchess 7

Nay: 0
MOTION CARRIED

UNFINISHED BUSINESS - None

NEW BUSINESS — RESOLUTIONS - None

NEW BUSINESS — ORDINANCES - None

RECORD OF EXPENDITURES

MOTION BY ALDERMAN HARRIOTT-GATHRIGHT THAT THE FINANCE COMMITTEE HAS COMPLIED
WITH THE CITY CHARTER AND ORDINANCES PERTAINING TO THE RECORD OF EXPENDITURES
FOR THE PERIOD FROM FEBRUARY 12, 2021 TO FEBRUARY 25, 2021, BY ROLL CALL

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

Yea: Alderman Klee, Alderwoman Lu, Alderman Harriott-Gathright, Alderwoman Kelly,
Alderman Laws, Alderman O’Brien, Mayor Donchess 7

Nay: 0
MOTION CARRIED

GENERAL DISCUSSION

Alderwoman Lu

| had a couple of questions | hoped to ask.

Mayor Donchess

Please go ahead.

Alderwoman Lu

Thank you. Just looking at a couple of things, | wondered about, | was curious about the revenues, it is related
to the Finance Committee. The property taxes as of December 31°‘ were 100% collected. Is the December

payment the second payment of the year or do we just get a lot of people that pre-pay. December is final
payment?