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City of Nashua, Public Works Division
Board of Public Works Meeting Date: July 27, 2017

Nicholas Caggiano - Superintendent
Parks and Recreation Department

Roadside and trail mowing.

To approve the purchase of roadside and trail mowing services from the low
bidder Kohl Farms of Chelmsford, MA. for an amount not to exceed $26,000.
Funding for this purchase will be from Department: 177 Parks and Recreation;
Funds General and Trust; Account Category: Professional Services $22,000;
Department; 169 Wastewater; Fund: Wastewater; Account Category: 55 Other
Purchased Services $4,000.

Quote.

The roadside and trail mowing was put out for bid in 2016. Eight vendors were
sent the information. Only one bid was received for this work Kohl Farms was the
low bidder at a rate of $65 per hour. Kohl Farms has agreed to continue to hold
their 2016 price of $65 per hour for 2017. This work will include roadside
mowing of overgrowth areas, intersection sight distance mowing as well as
sidewalk, trail and bike path moving. There will also be maintenance mowing of
the Mine Falls Park Canal and the levy system along the Merrimack River. This
work will begin in Mid-September and will run through late October.

Glenn Kohl
26 Wildwood Street
Chelmsford, MA 10824

978-569-3030 Matt
978-265-8012 Glenn

Kohicorp@gmail,com

For: CITY OF NASHUA

Description

Roadside mower nashua estimate hourly price 2017

BridtName UU
Duly Authorized:
Date

Upon acceptance of this estimate, this document shail operate as a written
agreement between the parties and be a binding contract governed by the
Commonwealth of Massachusetts. Payment terms are as follows: (a) invoices are
due net thirty (30) days, (6) interest shail accrue on any overdue invoices of the
tate of 1.5% per month or 18% per annum, and (c) in the event that collection
efforts are commenced for payment the prevailing party shall be entitled to
reimbursement of all cost, fees, and expenses including without limitation

reasonable attorneys’ fees

Ce ee ee ee

Estimate
88

Estimate No:

Date: June 2, 2016
Quantity Rate
1 $65.00
Total

Amount
$65.00

REPORT OF THE FINANCE COMMITTEE
AUGUST 2, 2017

A meeting of the Finance Committee was held on Wednesday, August 2, 2017, at 7:00 p.m. in the Aldermanic
Chamber.

Mayor Jim Donchess, Chairman, presided.

Members of the Committee present: Alderman-at-Large Mark S. Cookson, Vice Chair
Alderman-at-Large Lori Wilshire
Alderman-at-Large Michael B. O’Brien
Alderman June M. Caron

Members not in Attendance: Alderman Benjamin M. Clemons
Alderman Ken Siegel

Also in Attendance: Corporation Counsel Steve Bolton
Dan Kooken, Purchasing Manager
Assistant Fire Chief Brian Rhodes, Asst. Fire Chief, NFR
Bill Mansfield, Radio Systems Coordinator

PUBLIC COMMENT - None
COMMUNICATIONS

From: Steven A. Bolton, Corporation Counsel
Re: Agreement with Patrick Engineering, Inc.

MOTION BY ALDERMAN O’BRIEN TO ACCEPT, PLACE ON FILE AND AUTHORIZE THE CITY TO ENTER
INTO THE LETTER AGREEMENT WITH PATRICK ENGINEERING, INC.

ON THE QUESTION

Attorney Bolton

This relates to the ongoing litigation with ED Swett, Inc. and the city. It concerns the construction of the bridge
as part of the Broad Street Parkway project. Mr. Dye and Mr. El-Beik were at that time employees of the
design engineer that we had on the project part Sprinklerhoff. They are both fact witnesses and expert
witnesses in terms of how the piers were supposed to be constructed, the difficulties encountered by the
contractor during construction, and as you know, the litigation dispute is about a $2 million level of change one
way or the other. We basically need to retain these gentlemen who now work for Patrick Engineering to assist
us in the litigation and provide testimony about what they observe what their knowledge of the standard
practice. We intend to depose them and utilize their expertise in the litigation.

Not entirely unheard of but a little bit different in these situations is the indemnity provision where we’re going
to indemnify Patrick Engineering. The reason for that is that Patrick Engineering was not involved at all in the
design or construction in this project. They just happened to be the current employer of the two professionals
that we're interested in. That’s the extent of it.

Alderman Cookson

Who is Wadleigh, Starr, and Peter selected as a firm to represent Patrick Engineering?

Finance Committee - 8/2/2017 Page 2

Attorney Bolton

They don’t represent Patrick Engineering. They actually represent the city. Frank Spinella is one of the
premiere construction attorneys in the State. Before | returned to employment with the city, he was recruited
by the city to represent us in this litigation. At that time, he was with Hall, Morse, and Spinella in Concord.
Since then, he was moved to Wadleigh, Starr, and Peters in Manchester. He’s continued on and Steve
Bennett who obviously occupied this position that I’m now in previously also works for Wadleigh and is working
on the case with Frank. We are monitoring it from my office as well.

Alderman Cookson

Why would Patrick Engineering correspond with Wadleigh, Starr and Peters versus the City of Nashua?
Attorney Bolton

They are our representatives in handling this litigation.

Alderman Cookson

So your office has outsourced this responsibility to this firm?

Attorney Bolton

Yes. | continue to monitor it closely and | review all pleadings. | review all invoices. I’ve either attended or
read all of the depositions and expert reports. Attorney Leonard from my office has as well. So we’re very
much involved in monitoring but in litigation of this value, it is not unusual to hire outside. As | said, that was
done before | got here but | very much concur with having Frank Spinella be the lead counsel on a case of this
nature.

Alderman Cookson

That’s a very important point that you just stated. All of this occurred prior to you assuming that seat, correct?
We had engaged with Wadleigh prior to you becoming Corporation Counsel?

Attorney Bolton

Yes that’s correct.

Alderman Cookson

Our previous Corporation Counsel was Attorney Bennett.

Attorney Bolton

That’s correct as well.

Alderman Cookson

Attorney Bennett went to Wadleigh and its just coincidence that he is now involved in some capacity?

Attorney Bolton

Well it’s not entirely coincidence probably. He got to know people at the Wadleigh office and the city had used
Wadleigh in other matters previously. So he may well have developed a relationship with that firm that

Finance Committee - 8/2/2017 Page 3

occurred during the time he was in the position that I’m in now. When Frank proposed that Attorney Bennett
after he joined the Wadleigh firm worked on this case, he sought my permission for that and | granted it.

Alderman Cookson
Was there concern about Attorney Bennett participating in the process?

Attorney Bolton

| think he thought it was worthwhile that is Attorney Spinella thought it was worthwhile to ask me. | found
nothing that overly concerned me and | thought frankly his knowledge of the project, his knowledge of city
personnel, his knowledge of some of the outside contractors we had on the project if anything would give him a
head start and probably reduce the litigation costs that we otherwise would have to bear.

Alderman Cookson

Thank you. Mr. Dye and Mr. El-Beik, who determine their reimbursement rates?
Attorney Bolton

Essentially Patrick Engineering price.

Alderman Cookson

All right. And then direct expenses will be invoiced at cost plus 10 percent. What do we anticipate — how long
do we anticipate litigation and what sort of expenses do we anticipate associated with this litigation?

Attorney Bolton

The case may not get tried for another two years. On the other hand, we have a pending motion for summary
judgment which if granted will be very beneficial to us and we'll conclude it much quicker. | believe that the
fees to Patrick Engineering for the time spent by Mr. Dye and Mr. El-Beik will be roughly $15,000 total. Other
expenses — travel costs and miscellaneous which will be negligible as compared to the value of the litigation.

MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: Fire Alarm Console Furniture (Value: $65,937)

MOTION BY ALDERMAN O’BRIEN TO ACCEPT, PLACE ON FILE AND AUTHORIZE THE PURCHASE
FROM WRIGHT-LINE IN THE AMOUNT OF $65,937. FUNDS ARE AVAILABLE IN DEPARTMENT 157,
CITYWIDE COMMUNICATIONS; RADIO COMMUNICATIONS UPGRADE CITYWIDE CAPITAL PROJECTS,
FURNITURE & FIXTURES

ON THE QUESTION

Mayor Donchess

Mr. Mansfield why don’t you come up since you are here and give us a brief overview of the project.

Assistant Fire Chief Brian Rhodes

| guess through the evaluation of the city radio communications manager and the city radio communications
committee, it was determined that as with all our infrastructure it was time this equipment that we’re replacing
was basically built in house. It’s big. It’s old. It’s bulky. It’s nearing its end of life and things have changed

Finance Committee - 8/2/2017 Page 4

dramatically in the 20 years since it was first installed at the 38 Lake Street facility. This furniture or console,
whatever we’d like to call it, is consistent with what the Police Department just put in and it’s somewhat
modular so that this is going to last us at least another 20 years and if for some reason we have to rearrange
the fire alarm office, the dispatch area, it will be relative easy.

Bill Mansfield

As the Assistant Chief has stated, we had placed money aside in the radio communications capital upgrade
project that was to basically replace the furniture both at police and fire — the console furniture. This console
furniture is used 24 hours a day/7 days a week/365 days a year is used by various people. The furniture is 20
years old. We just replaced the Police Department's furniture in the fall and now we’ve come around and it’s
time to replace the Fire Department’s furniture. As the Assistant Chief stated was the furniture other than
being old it was large and when it was initially built it was built for CRT monitors. It’s big. It’s bulky. It limited
both police and fire the ability to do much with the rooms and the furniture within the rooms and try to do
anything whatsoever. When we started getting new equipment in, basically stuff was sprawled all over the
place because we had no place to put the items. Superintendent Audet went out. Basically had the contractor
come in, look, review. They went out and they looked at different furniture from different locations and this
particular company offers GSA pricing which is Right Line. If this does get approved this evening, the furniture
should probably be shipped within a week and be ready to be installed over at fire alarm.

Mayor Donchess

Any questions? Comments?

Alderman O’Brien

Also on this | understand you just did the raised floor underneath fire alarm and that project is complete. So
you must have had to move out the old equipment. We're ready to go. This will be able to go right in relatively

shortly correct?

Assistant Fire Chief Rhodes

We do. Again thank you to this Committee and thank you to the full Board for approving that expenditure.
That was another 20 year old floor. That has been successfully removed and replace. The dispatch center
has been moved to the back room as a temporary measure. It’s kind of a contingency area should we ever
have a problem with the main equipment we can literally walk 20 steps to the back of the building and have
complete connectivity to where we’re at. Yes this is extremely timely.

Alderman Cookson

So | noticed as I’m looking at the diagrams that we are within the contract. It looks like you have the ability to
set up multi-monitors for five of them in a row within this space. Is that how the current setup is with the old
modular furniture that’s currently there?

Bill Mansfield

The furniture that was there you couldn’t really do an ergonomically correct set up because the monitors were
up high, low, and everywhere else. This allows everything to be on one space. They’re also same as the
Police Department, these are also electric so they can lift and go down depending on the person’s height to get
the proper ergonomics for the furniture and the employee.

Alderman Cookson

Wonderful. | Know that there are a lot of companies out there right now that are very concerned about
ergonomics. They have standing desks and such. Is this a standing desk? Can you actually...

Finance Committee - 8/2/2017 Page 5
Bill Mansfield

You can lift it to stand.

Alderman Cookson

Thank you so much. This is already approved in their budget that we just passed, correct? They’re applying
funds that we’ve already approved in the 2017 budget right?

Bill Mansfield

No. These funds are coming out of a capital upgrade project that was for the upgrade of the radio system. So
part of that there was money budgeted specifically in there for furniture for furniture for both police and fire to
replace it.

Alderman Cookson
Alright, very good. Thank you for that clarification.
MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: Contract Award for Roadside and Trail Mowing (Value: Not-to-Exceed $26,000)

MOTION BY ALDERMAN O’BRIEN TO ACCEPT, PLACE ON FILE AND AWARD THE CONTRACT TO
KOHL FARMS IN AN AMOUNT NOT-TO-EXCEED $26,000. SOURCE OF FUNDING IS DEPARTMENT 177,
PARKS AND RECREATION; GENERAL OPERATING AND TRUST FUNDS; PROFESSIONAL SERVICES
($22,000); AND, DEPARTMENT 169 WASTEWATER; 55, OTHER PURCHASED SERVICES ($4,000)

ON THE QUESTION
Alderman Cookson

Of all the pieces communications that are before us this evening, | think | have many concerns about this one
in particular. First off while it may not exceed $26,000 which is relatively small change, | have no idea about
where we’re focusing our attention on and what areas are going to remedied or rectified by the purchase of this
service. | know for one that for the past ten years when | first began as a ward alderman, | was very much
concerned about Broad Street and how Broad Street looked. There are areas on Broad Street that are
completely overgrown where sidewalks are impassable because the weeds go out. So now we're waiting until
| believe that it was September/October that this work is to be done?

Alderman Caron
Yes.
Alderman Cookson

Thank you. So September/October that the work is to be done. | guess and we had talked at one point about
Exit 8 and Somerset and how that was overgrown at one point in time. We had done this back when Alderman
McCarthy was doing these 20/20 vision sessions and we were going around to the four quadrants and trying to
figure out how are we making an impression on the city, and what kind of impression are we leaving, and what
do we want the city to look like? | specifically remember Somerset being one of those as it approached
Southwest Boulevard in that area. Broad Street is another section that |’ve spoken to Superintendent
Caggiano several times about previously not recently. Then just this evening as I’m driving the Broad Street
Parkway to come here, again we expended funds to make sure that there was going to be a sidewalk on the

Finance Committee - 8/2/2017 Page 6

Broad Street Parkway. There are section of the Broad Street Parkway that are completely overgrown at this
point. | guess my question is twofold. One is what are we doing on a regular basis to maintain sections of the
city with mowing, weeding, weed whacking, whatever the case may be. Secondly, what areas are we
specifically targeting with this not to exceed $26,000 and who determines that? Is it Board of Public Works?
Are they responsible? |’ll pause there.

Mayor Donchess

| would say generally the Board of Public Works but they really leave it to Mr. Caggiano and the Parks
Department to decide what’s needed the most. We can get a more detailed report from him as to what he
intends to do this year and what he sees the priorities as. In general they don’t have enough people. Probably
we should do twice as much mowing as this. This is a continuation or a repeat of contracts we’ve had in
previous years from roadside mowing.

Alderman Cookson

| just don’t Know what this gets us. | don’t Know how far it goes. It’s similar to a paving exercise. How far does
$2 million go? How far does $26,000 get us? Is it just the length of the Broad Street Parkway and we’re done
or are there other sections of the city that are going to be able to be reached? | guess the other thing that |
would raise at the same time is, again, | know that we’re working with limited staff and | know that these guys
are out there working hard every single day but what are the priorities? Where is our focus and attention and
should this be elevated so that it becomes a regular maintenance issue rather than a one-time a year? Or
where is the cost benefit analysis that says we’re better off spending $26,000 in august/September than we are
having people go out every month and maintain a section of the city? | don’t know.

Mayor Donchess

But to get these detailed answers, we need to call on Mr. Caggiano which we can do if that is your pleasure.
Alderman Cookson

Again its small money but | want to make sure that we’re spending it wisely, and effectively, and efficiently. |
would love the opportunity to have Mr. Caggiano come or at least provide us with a communication to say this
is what $26,000 is going to get us. This is the area of focus. We're going to be able to cover this many linear
miles of the Broad Street Parkway or however it is that he wants to describe it to us. | just don’t know what this
is going to do for us at the end of the day. The other thing is we really only have a growing season of six
months. So the other six months are going to be fall and snow on the ground. Sometimes we don’t even get
to the section on Broad Street that | get to drive by every single day. Once the snow comes or once fall
comes, those weeds die back and die away and maybe they’re not even touched until the next spring. Again |
just want to know what we’re doing, how we’re doing it, and whether it is cost effective in the way that we’re
doing it.

Mayor Donchess

Well we can get either Mr. Caggiano to come in or give us a memo on this. Where on Broad Street?
Alderman Cookson

Just the intersection with Coliseum and heading west towards Hollis from Coliseum on Broad. Somebody just
did a fine job out in front of Broad Street Elementary School just west of Upstone Drive. That was a section

that the School Department their lawn maintenance didn’t even touch. It was affecting line of sight issues as
you’re looking westbound from Upstone. The weeds were probably already close to 8 feet tall.

Finance Committee - 8/2/2017 Page 7

Mayor Donchess

To some degree I’m sure they have a plan but to some degree they respond to complaints. For example we
had a resident from 57 Palm Square who complained or commented that the brush along the section of the rail
trail just east of Palm for that block was all overgrown which it was. Parks went out within a few days and they
cut it down. Had they not been asked to do that particular section, they probably would have done something
else. There’s probably more than they can do with their own staff or with this mowing.

Dan Kooken

Just to clarify, | can definitely talk to Mr. Caggiano. Do we want a general or do you want a street by street
kind of idea of where they’re going to be?

Mayor Donchess

If you want to talk to him in detail, | think it’s subject to his time. | think its better if he comes in so that — it’s
hard for him to summarize all this in writing. You might have follow up questions if you have a memo you don’t
get anything.

Alderman Cookson

Even if its’ a map or something that says I’m looking at this section and just highlight those sections. | think it
would be quick and easy. | don’t want to make much extra work for him but I’d like to know. What’s drawing
his attention as to areas of focus for the city? | know that in the paragraph with regard to discussion, he talks
about maintaining maintenance mowing of Mine Falls Park canal and the levy system along the Merrimack
River. Again how much — that could a lot into this $65 an hour, $26,000 total. | don’t know how long that
would take just to do that piece of it.

Alderman O’Brien

| was just going to bring it up Mr. Mayor exactly what Alderman Cookson and reading the discussion on the
bid, it is an interesting note to decide what they’re going to do. They were going to do the canals as well. It
also appears that we seem to have some difficult in getting bids. We sent 8 bids out to particular companies
and one company did respond which was Kohl and I’m very excited about that. I’m more excited that they
have agreed to keep their pricing within the 2016 pricing limitations. Based upon that, | think we do have
questions legitimately that we need to discuss with Park/Rec. I’d like to see this motion go forward because at
least it’s got to get something mowed that’s going to enhance our city. We can focus on the areas in further
consultation with Park/Rec.

Mayor Donchess

We can definitely get a report from him either map form, have him come in, something that will provide more
detail. | would ask that you as Alderman O’Brien suggested that you approve the contract, let them go forward
but that they report to us as to what they see the priorities.

Alderman Cookson

So just looking at the timing of that, we have a meeting on August 8", next Tuesday, correct?

Mayor Donchess

Our next Finance meeting would be...

G. The Engineer will review the shop and working drawings as to their general
conformance with the design concept of the project and general compliance with the
information given in the Contract Documents. Corrections of comments made on the
drawings during the review do not relieve the Contractor from compliance with
requirements of the Contract Documents. The Contractor is responsible for:
confirming and correlating all quantities and dimensions; selecting fabrication
processes and techniques of construction; coordinating his work with that of all other
trades; and performing his work in a safe and satisfactory manner. The review of the
shop drawings is general and shall not relieve the Contractor of the responsibility for
details of design, dimensions, code compliance, etc., necessary for interfacing with
other components, proper fitting and construction of the work required by the
Contract and for achieving the specified performance.

H. With few exceptions, shop drawings will be reviewed and returned to the Contractor
within 15 days of submittal.

I. No material or equipment shall be purchased or fabricated especially for this Contract
nor shall the Contractor proceed with any portion of the work, the design and details
of which are dependent upon the design and details of equipment or other features for
which review is required, until the required shop and working drawings have been
submitted and reviewed by the Engineer as to their general conformance and
compliance with the project and its Contract Documents. All materials and work
involved in the construction shall then be as represented by said drawings.

J. Two copies of the shop and working drawings and/or catalog cuts will be returned to

the Contractor. The Contractor shall furnish additional copies of such drawings or
catalog cuts when he needs more than two copies or when so requested.

END OF SECTION

2022 Sewer Replacement Project Submittals
Nashua, NH 01330-2