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27.

28.

29.

time, a full and complete disclosure of the interest shall be immediately made in writing to
the City of Nashua. DesignLAB 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.
DesignLAB 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 DesignLAB (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, DesignLAB shall refund to the City of Nashua any profits
realized under this contract, and DesignLAB 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.

DesignLAB warrants that no gratuities (including, but not limited to, entertainment or gifts)
were offered or given by DesignLAB 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 DesignLAB,
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 DesignLAB.

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 orunenforceability.

GC 12 of 13

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

31.

entire contract between the City of Nashua and DesignLAB. 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 notelsewhere.

GC 13 of 13

Jim Donchess
Mayor e City of Nashua

To: Board of Aldermen

Filed With: Sue Lovering, City Clerk

From: Jim Donchess

Date: April 15, 2022

Re: Emergency PO Request — Repairs of 2 Sewer Mains at the intersection of Main & Park Streets

Pursuant to 5-90 (G) of the NRO, | have authorized Emergency Purchase Order Request for the repair of a two
sewer mains at the intersection of Main Street and Park Street in an amount of $150,000 to S.U.LR.
Construction West of Winchester, NH for the work required as detailed below.

We need to mobilize our sewer contractor SUR West to the Main Street and Park Street
intersection to make an emergency repair to a sewer main (see attached markup). The
work is complex, given depth (~11’), location, and proximity to other utilities (gas,
communications, water, electric, drain, sewer). It will likely need to be done at night,
and may take a week or more. We’re in the process of seeking a quote from SUR West for
the work, but the estimate is $150,000. Time is of the essence as barriers are scheduled
for installation on Main Street on May 1°.

Thank you.

cc: DPW Administration

229 Main Street * PO Box 2019 * Nashua, New Hampshire 03061-2019
603.589.3260 * fax 603.594.3450 * NashuaMayor@NashuaNH. gov
www.NashuaNH. gov

CHANGE ORDER

No. 6
PROJECT: 2020 Sewer Replacement Project
OWNER’S CONTRACT NO: IFB0779-021220
EXECUTED CONTRACT DATE: 03/17/20
DATE OF ISSUANCE: 04/13/22 EFFECTIVE DATE: Upon City Approval
OWNER: City of Nashua, NH
OWNER’s Purchase Order NO.: 155720
CONTRACTOR: SUR Construction West, Inc.
ENGINEER: DPW Engineering

You are directed to make the following changes in the Contract Documents:

Description:

To mobilize to the intersection of Main Street and Park Street to make emergency repairs to (2) two
sewer mains (see attached map). Because of the complexity of the work, depth (approximately 11”),
location, and proximity to other utilities (gas, communications, water, electric, drain, sewer). The work
will be completed mostly at night and is estimated to take 6 days, weather dependent. Time is of the
essence as barriers are scheduled for installation on Main Street on May 1.

Justification:

The work has been identified to be emergency sewer main repairs.

Attachment:

e Map of location for sewer main repairs, intersection of Main Street and Park Street
e S.U.R Construction West estimate dated April 14, 2022

2020 Sewer Replacement Project 1 of 2 Change Order #6

Change Order
Summary

CHANGE IN CONTRACT PRICE:
Original Contract Price

$1,497,993

“CHANGE IN CONTRACT TIMES:
Original Contract Times

Substantial completion: October 6, 2020
Ready for final payment: November 6, 2020

Net changes from previous Change Orders

$2,275,125

Net change from previous Change Orders

400 days

Contract Price prior to us Change Order

$3,773,018

Contract Times prior to this Change Order

Substantial completion: November 9, 2021
Ready fer final payment: December 9, 2021

“Net Increase (decrease) of this Change Order

$150,000

Net Increase (decrease) of this Chatige Order

150 days for final payment

Contract Price with all approved Change Orders

Contract Times with all approved Change Orders

$3,923,118.
Ready for final payment: May 9,022 ~ TA,
RECOMMENDED:
ay: oe Ne inl ‘ By.
DPW ayor Jim Donchess
Engineer Owner
(Authorized Signature) (Authorized Signature) e cnuhowined ignatyre)
Date: (YAPR 22 Date: Aye]. AVA d~ Date: yk

2020 Sewer Replacement Project 2 of 2

Change Order 6

Replace ex. CB with
new 4' dia. CB with

Install 24" culvert tg :
: hood and 8” PVC tie
PNG, DPE. or , into main (~18').

RCP) inside existing

stone box (over Plug and abandon
sewer main) to outlet pipe.
maintain drainage
flow, construct

headwalls at each

end of pipe culvert to

match to ex. stone

box.

fe Point repair to 15°
>| collapsed clay tile
@ | pipe (abandoned?)

Replace ex. CB with
new 4' dia. CB with
hood and 8" PVC tie
into main (~5'). Plug
and abandon outlet
pipe.

Install 12" PVC sewer
main (~60') to replace
partially collapsed

12" concrete main,
connect to brick
sewer main in Main
Street and PVC
sewer main stub from
Park Street manhole

City of Nashua Markup
04/08/2022
Not to Scale

April 14, 2022

Pipe Crew Cost with (2) Oump Trucks (8 hour min.}
Traffic Control (Flaggers - 2 EA}
Police Details (if can fill; pass thraugh cost)

24" HDPE Pipe with Bedding/Backfill

15" SOR 35 Pipe with Bedding/Backfill plus Strongbacks
12" SOR 35 Pipe with Bedding/Backfilt

8" SDR 35 Pipe with Bedding/Backfill

12x8 Wye ; - a

4' Dia Catch Basin with Frame and Grate and CB Hoods
4' Dia Sewer Manhole with Frame, Cover and Invert
Flowable Fill (min. yardage}

Freight

Vibration Monitor
Vactor Truck

Light Tower Rental
Message Board Rental

4" Temp Pavement

7" Asphalt (Permanent)
Sawcut Pavement (estimated qty)
18" Crushed Gravel Base

Unclassified Excavation _

$.U.R. Construction West, inc.
Emergency Sewer Repair - Main Street & Water Street

Total Emergency Sewer Repair, plus Optional As Needed

Notes:

Quantity Unit Unit Price Total Price
60 HR 1,100.00 66,000.00
120 HR 40.00 4,800.00
1 ALLOW 5,000.00 5,000.00
20 LF 90.00 1,800.00
14 LF 115.00 1,610.00
80 LF 75.00 6,000.00
[23 le 60.00 1,380.00
2 EA [1,000.00 2,000.00
2 lea [1,700.00 3,400.00 =
i EA [2,850.00 2,850.00 j
4 cy 200.00 800.00
ja LS 750.00 [750.00 |
ia WK 600.00 |600.00
[2. [Night [2,300.00 4,600.00
la EA 450.00 1,800.00 i
2 [wk [350.00 {700.00
[4s TN {85.00 _|4,080.00
85, [tn “185.00 17,225.00
[300 UF 10.00 {3,000.00
178 Iev [35.00 {6,230.00
|221 CY includedincrewcost |
_____|124,625.00

|. Crew Cost to be invoiced based on actual time spent - this should | bea conservative amount of time

* Pipe materials are available including freight time by the end of this week; we can mobilize for a Monday 4/18 start

* Paving and excavation / crushed gravel and time is included here but we can break out that time if you prefer to pay it through bid items

REPORT OF THE FINANCE COMMITTEE
APRIL 6, 2022

A meeting of the Finance Committee was held on Wednesday, April 6, 2022, at 7:00 p.m. in the Aldermanic Chamber and
via Zoom. The meeting link information can be found on the agenda.

Mayor Jim Donchess, Chairman, presided.

Members of the Committee present: Mayor Jim Donchess
Alderman Alex Comeau
Alderman Tyler Gouveia
Alderman-at-Large Ben Clemons
Alderwoman-at-Large Gloria Timmons
Alderman-at-Large Melbourne Moran, Jr.

Members not in Attendance: Alderman Patricia Klee, Vice Chair

Also in Attendance: Kim Kleiner, Administrative Services Director
Kelly Parkinson, Purchasing Manager
Jeffrey LaFleur, Superintendent of Solid Waste
David Boucher, Superintendent of Wastewater
Daniel Hudson, City Engineer

PUBLIC COMMENT

Laurie Ortolano
Laurie Ortolano, 41 Berkley Street, Nashua.

I’m not certain | understand the format of the agenda so. These communications it’s not clear to me. Are you actually like
voting on these tonight or like approving them because they are not listed as like business? Okay so you'll be voting on
these. | just wanted to understand this Rescue Plan Act money for the $200,000 what we get for that, are we trying to go
after grant money, and what kind of strings get attached with that grant money, how much is available? It looks like it’s all
COVID related and I’m always concerned about what the hooks are in that.

I'd like to know for the road projects being done or we would interested in hearing for 14 miles of paving we’re doing. Is
this typical for what we do for paving each year and is that money - | think its bonded money and we’re feeding out of the
bond. I’m not even certain how it goes, but if we are taking money that’s already been bonded and spending it, | was just
trying to understand that.

And | want to just lay some caution on the assessing dashboard consulting services. I’m not certain what this is about or
what it’s going to give us, but I’m more concerned with getting the records online and getting the redactions done and the
digital component of the property record files brought up. | think that is going to cost a good bit of money, and people, and
services to do that, and | would like to see the priority go there rather than to this dashboard because | think it’s more
valuable to everyone especially with new numbers coming out. Thank you.

Mayor Donchess

Okay, thank you. Anyone else from the public want to speak to the Committee? If not, we'll go to Item #1 which is a
communication. Now before we do the motion, Tim Cummings wanted to be here but could not be because of a family
thing so we could table this. The short explanation though is that we are getting $16 million. We want to make sure we
comply with the regulations and this would engage an expert to make sure we do that and don’t get money held back, but
there is no problem in holding that. No urgency with this so if you’d like to table it, we can wait for Mr. Cummings to come
back to the next meeting. So is it your pleasure to table it?

COMMUNICATIONS

From: Kelly Parkinson, Purchasing Manager
Re: ARPA Funding Management Consultant in the amount not to exceed $200,000 funded from 53142 Consulting
Services/ARPA Grant Funds (Economic Development)

Finance Committee — 04/06/2022 Page 2

MOTION BY ALDERMAN CLEMONS TO TABLE
MOTION CARRIED

From: Kelly Parkinson, Purchasing Manager
Re: Trash & Recycling Toters in the amount not to exceed $145,000 funded from 71630 Toter/Solid Waste Fund
(Solid Waste)

MOTION BY ALDERMAN COMEAU TO ACCEPT, PLACE ON FILE, AND APPROVE THE PURCHASE OF
RECYCLING AND TRASH CARTS AND CART LIDS FOR CURBSIDE COLLECTION FOR FY22 IN AN AMOUNT NOT
TO EXCEED $145,000 FROM TOTER, INC., OF STATESVILLE, NC. FUNDING WILL BE THROUGH: DEPARTMENT
168 SOLID WASTE; FUND: SOLID WASTE; ACCOUNT CLASSIFICATION: 71 EQUIPMENT

Mayor Donchess

| believe Mr. LaFleur is here. Yes, there he is.

Jeffrey LaFleur, Superintendent of Solid Waste

This is the annual budget allotment of $145,000 to replace the trash carts and recycling toters that we purchase and sell
out to the residents. It also includes having some cartons over at the landfill (inaudible)

Mayor Donchess

You're breaking up a little. | don’t Know what’s happening.

Jeffrey LaFleur, Superintendent of Solid Waste

(inaudible) These toters are twenty years old. They’re starting to fall apart so (inaudible).

Mayor Donchess

You are slipping out a little bit in and out but the explanation, | think, was that we buy an annual supply of these to
replace broken toters and for recycling and to supply them to people who want to buy them but we buy a bunch at one
time. Any questions or comments to Mr. LaFleur?

MOTION CARRIED

From: Kelly Parkinson, Purchasing Manager
Re: Design Specification of Digester Heat Exchanger & Exhaust Fan in the amount not to exceed $40,900 funded
from 53107 Architect & Engineering Services/Wastewater Fund (Wastewater)

MOTION BY ALDERMAN COMEAU TO ACCEPT, PLACE ON FILE, AND APPROVE THE CONTRACT WITH WRIGHT
PIERCE TO PROVIDE DESIGN PLANS AND SPECIFICATIONS FOR A SECOND DIGESTER HEAT EXCHANGER
AND STAIR TOWER EXHAUST FAN IN AN AMOUNT NOT TO EXCEED $40,900. FUNDING FOR THIS CONTRACT
WILL BE THROUGH DEPARTMENT: 169 WASTEWATER; FUND: WASTEWATER; ACTIVITY: HEAT EXCHANGER
PRIMARY DIGESTER

Mayor Donchess

Mr. Boucher is here.

David Boucher, Superintendent of Wastewater

Thank you Mr. Mayor. Dave Boucher, Wastewater Superintendent. The wastewater facility has 1.3 million gallon sludge
digester. We’re required to keep the temperature of the sludge at 100°F. Currently we have one heat exchanger to do
this. We purchased a second heat exchanger and we would like to use Wright Pierce to design the plumbing to marry the
two together. This is beneficial so that we’re never down so that we can take one off line for maintenance purposes or if it
happens to break down, we won't lose our process.

Also, we'd like to use Wright Pierce the stair well that goes to this heat exchanger actually towers 70 feet above ground
and there is an exhaust fan located on the roof that is currently not accessible by our maintenance staff to do any

Finance Committee — 04/06/2022 Page 3

maintenance on it. So this would also include the design to relocate that exhaust fan, possibly to the side of the stairwell
where we have a catwalk so that we can do future maintenance on it. I'd be happy to answer any questions.

Mayor Donchess

Can you briefly explain the function of the digester?

David Boucher, Superintendent of Wastewater

Yes, the digester gets fed sludge daily and it’s held for 15 days at that temperature. There is a reaction that takes place
that breaks down the sludge so that we can dewater it and send it to farmlands. It also kills bacteria in this process as
well, So we can send it to farmlands for beneficial reuse.

Mayor Donchess

Anybody have questions, comments?
MOTION CARRIED

From: Kelly Parkinson, Purchasing Manager
Re: Paving: Management & Construction Administration in the amount not to exceed $227,300 funded from 54210
Construction Services/Bond (Engineering)

MOTION BY ALDERMAN COMEAU TO ACCEPT, PLACE ON FILE, AND APPROVE THE ENGINEERING SERVICES
CONTRACT AMENDMENT WITH HAYNER/SWANSON, INC. OF NASHUA, NH, IN THE AMOUNT OF $227,300 FOR
THE MANAGEMENT AND CONSTRUCTION ADMINISTRATION OF THE PAVING PROGRAM. FUNDING WILL BE
THROUGH DEPARTMENT: 160 ADMIN/ENGINEERING; FUND: BOND; ACTIVITY: PAVING

Mayor Donchess

| believe Mr. Hudson are you on?

Daniel Hudson, City Engineer

Yes Mr. Mayor thank you. Dan Hudson City Engineer. So we bid out the paving program for this year and Sunshine

Paving will be doing that. This contract is for engineering support. Hayner/Swanson has done this the last couple of

years for us, but they act as an extension of our in-house engineering team. They provide in the fields inspection and
then also help us manage the program. It’s a good size program so we really need this help.

Addressing Miss Ortolano’s questions. She was asking if this year is typical for paving. We are planning on paving 14
miles this year. We've done more than that in the past couple of years. A little bit over 20 miles each year. This is the
final year of the previously bonded paving money. So our goal this year is to use up the balance of that funding and then
we will be seeking a future additional bond for another 5 years of the program. So | just wanted to provide those answers,
but this item here is just for the engineering support that we need.

Mayor Donchess

Questions, comments?
MOTION CARRIED

From: Kelly Parkinson, Purchasing Manager
Re: Sewer Replacement in the amount not to exceed $2,135,950 funded from Bond (Engineering)

MOTION BY ALDERMAN COMEAU TO ACCEPT, PLACE ON FILE, AND AWARD THE CONSTRUCTION CONTRACT
FOR THE 2022 SEWER REPLACEMENT PROJECT TO SUR CONSTRUCTION WEST, INC. OF WINCHESTER, NH,
IN THE AMOUNT OF $2,135,950, CONTINGENT UPON BOND APPROVAL. FUNDING WILL BE THROUGH
DEPARTMENT: 169 WASTEWATER; FUND: BOND; ACTIVITY: SEWER REHAB.