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AMERICA,

COMMITMENT TO PARTICIPATE IN THE
WELCOMING CITIES & COUNTIES COHORT

As representatives of local government, we recognize that cities and communities that proactively welcome
newcomers and take steps to ensure their successful integration will be strategically positioned as globally
competitive 21* century leaders.

We therefore resolve to participate in the Welcoming Cities and Counties Cohort and commit to taking the
following initial steps toward creating an environment that is receptive to immigrants, and that unlocks the full

potential of all members of the community:

¢ Advance a municipal or county-level proclamation or resolution declaring our locality to be a

welcoming one

° Find ways to institutionalize welcoming efforts through the adoption of policies and practices that

promote inclusion within local government and the broader community
¢ Join a cohort of cities and counties that have pledged to become more welcoming
© Appoint at least one key municipal staff contact for the project

¢ Participate in three conference calls each year to share and learn from promising practices from

other Welcoming Cities and Counties

¢ Participate in an annual in-person meeting with other Welcoming Cities and Counties (dependent

upon available travel resources)

City or County Name: Date:
Agency:
Representative Name: Signature:

Executive Name: Signature:

NHDES-W-09-015

—- CERTIFICATE OF FINAL COMPLETION

—— '\ DEPARTMENT OF

Environmental NHDES CLEAN WATER AND DRINKING WATER

SS ——_ Services STATE REVOLVING FUND

Owner Project No. —1IFBO779-071422 Engineer Project No. 90006-034
Project: Siphon Rehabilitation project

Owner: City of Nashua, NH

Contractor:

Engineer:

Agreement Date:

Notice to Proceed Date:

Contractual Substantial Completion
date as modified by change orders:

Actual Substantial Completion date

Contractual final completion date
as modified by Change Orders

The work to which this certificate applies has been inspected by authorized representatives of Owner, Contractor,

Engineer and NHDES, the punch list has been completed and the work of the contract is hereby declared to be Finally
Complete in accordance with the Contract Documents on

(Date of Final Completion)
This certificate does not constitute an acceptance of any work not in accordance with the Contract Documents nor is it a
release of contractor’s obligation to complete the work in accordance with the Contract Documents. The warranty for all

work completed subsequent to the date of Substantial Completion expires one year from the date of this Final
Acceptance.

Executed by Engineer on ,20__

By:

Contractor Accepts this Certificate of Final Completion on , 20 __

By:

Owner Accepts this Certificate of Final Completion on , 20 __

By:

NHDES Accepts this Certificate of Final Completion on ,20__

By:

Page 13 of 15

To:

From:

RE:

A. Motion:

Attachments:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: April 20, 2017

Jon Ibarra, Superintendent
Street Department

Retaining wall block

To approve Change Order #1 in the amount of $9,280.50 to Michie Corp. of
Henniker, NH for the purchase of additional retaining wall block for the
Skateboard Park project. Funding will be through Department: 161 Street; Fund:
General; Account Classification: 81 Capital Outlay/Improvemnets

Sole Source Memo and Quote

Michie Corp. is a competitive precast vendor which the City of Nashua has done
business with in the past and the City has always been satisfied with their service
and product quality. At the time of the quote, Michie was able to provide us with
the material requested without going into production as they had the wall block
already in inventory.

The reason we need to purchase more block is that the engineering and design
phase of the wall did not have a precise number of wall blocks needed to
complete the proposed wall. We needed to begin wall construction without

a final plan as the contractor is scheduled to begin their work in May.

This retaining wall block matches the Mine Falls Park entry way which was
also provided by Michie Corp.

Michie Corporation Quote Number: 5210
173 Buxton Industrial Drive
Henniker, NH 03242
Phona: (603) 428-3218
Fax: (603) 428-7426

Order Date: 4/12/2017

REYICLs GLICTE
VE Veh li Gee Pun

ner

Bill to: CITY OF NASHUA-AP Delivery to: NASHUA, NH-SKATE PARK RETAINING WALL PROJECT
PO BOX 2019
NASHUA, NH 03061 NASHUA, NH
Contact: Jon fbarra Project Manager:
Phone: (603) 589-3330 Fax: 603-589-3344 Phone : Fax:
Customer (D: S516 PO: ShipVia: Sales Rap: DonA.
Terms: Net 30
| aty item Description UnitPrice TX Extension |
Structure: RR PH, 2 Redi-Rack Retaining Wail System
43 174108 Lime 4' Top 28" Depth $72.50 ( $3,117.50
41 174288 Lime 4’ Middie 8" K 28" Depth $90.00 (i $3,590.00
6 174280 Lime 4’ Middle 8" K 41" Depth $122.00 O $732.00
8 172403 Lime 2' Garden Top 3-Sided Corner $47.00 $376.00

- Approximately 540.50 SqFt - 98 Blacks.

- Final block count will be based on engineered drawing. Additional blocks may be required and will be
sald per block,

- Walllocation & field layout to be determined by others.

- Prior to construction, contractor to lake the necessary means to contro} erosion and soll run off,

+ Any items not specifically included in this quotation will be suppiled and installed by others.

EFFLORESCENCE WARNING:

- All concrete and masonry materials can develop efflorescence. Efflorescence appears as a powdery
white deposi and is made up of salts and minerals from inside ihe concrete, sometimes appearing as
a hazy whila film or streaks of white sall. Efflorescenca typically dissipates after the salts have
avaporaied and ihe concrete has cried inside. Concrata that is always in contact with moisture and
never completely dries may continually have efflorescence. Efflorescence does nat affect the
structural integrity or indicate a@ faully product.

REDI-ROCK RETAINING WALL SYSTEM NOTES:

- Standard face of retaining wall has a split limestone. Premium face has a ledgestone or cobblestone
finish. All sold with a standard concrete color. Custom colored blocks may be available for additional
cost. All colored blocks are custom, and are a special order. Colored block orders will require a
deposit and additional lead time to produce. All colored blocks are NON-RETURNABLE.

- Full size unif dimensions are 18" x 46 1/2" x 28", 41" or 60", Half blocks ara 18” x 23 1/4",

- Front face area: Full size blocks = 5.75 sq, ft. Half size blocks = 2.90 sq. ft.

- It is the contractor's responsibility to provide accurate locations and grading plans as well as any
information on soil type, soll bearing fogs, etc.

- Contractor shall retain the services o! a soil testing agency for proper backfill and compaction
operations and has not relled on Michie Corporation jor installation or retaining capacity.

$7,915.50
Structure: DEL PH. 2 Delivery Charges
3 710500 Delivery Charges $455.00 Cc $1,965.00
- Product delivered via flalbed iraller, off loaded and set in place by others.
$1,365.00

Wednesday, Apri 12, 201704:20PM Page 10! 3

Michie Corporation
173 Buxton Industrial Drive
Henniker, NH 03242
Phone: (603) 428-3218 SPY ; pews
Fax: (603) 428-7426 oMkag War

mr yy

bE ey at
Niyalill Bees! “pas” 22 Hester

Taxable $0.00
_Non-Taxable $9,280.50
Sub Total a $9,280.50
Tax $0.00

Tatal $9,260.50

Michie Corp has been a NPCA certified plant for a continuous 26 years.
For more on what It means to be an NPCA certified plant, visit: www.precast.org

AGREEMENT: The Buyer agrees to purchase from Michie Corporation (Seller), and the Seller agrees to sell to the Buyer, the products set forth on
the front side hereof, and the Buyer agrees to pay to the Seller the stated unit prices therefore. This Agreement is subject to credit approval. This
quotation is based on Imited information. Michie Corporation reserves the right to modily this proposal subject to the receipt o! a complete set of
plans and specifications for this project. This quotation expires 30 days from the date shown.

DELIVERY: Unless otherwise noted, prices Include delivery F.0.B. job site, and are based on maximum legal loads. Should partial deliveries be
required, they will be subject to a splil/short load delivary fee. F.0.8. job site means the place of delivery must be accessible by truck and traiter
under its own power, with maximum load; otherwise final delivery shall be at the expense of the Buyer. Buyer shail furnish labor and equipment to
unload trucks. All delivertes allow for one hour maximum unloading time, anything over will be charged at the rate of $130.00 per hour. Buyer shall
give delivery instructions within a reasonable lime before shipment is to be made.

FUEL SURCHARGE: All deliveries ara subject to a fuel surcharge. Fuel surcharge is based on official energy statistics as provided by the US
Government and published on the EIA website at http://tonto.eia.doe.gov/oog/inloAvahdp/diesel.asp.

PAYMENT: Seller's offer to sell the products herein is expressly conditioned upon Buyer's approved credit application or C.0.D. Payment is due to
Seller net thirty (30) days from date of invoice and is not contingent upon Buyers recelpt of payment or Owner's project payment schedule. All
overdue accounts wii be charged simple interest al the rate of 1.5% per month (18% per year} until such invoice is paid in good funds. |i Seller
iums this account over for collections Buyer agrees to pay ail collection charges, including attorney fees and expenses, whether or not suil is
brought. if al any time after acceptance of the order the financial responsibilty of the Buyer becomes impaired or is unsatisfactory, the Seller
reserves the right to require payment In advance of shipment or satisfactory securily of guaranty that previous charges as well as (uture charges will
be paid, Accounts over sixty (60) days will be placed on credit hold and will remain on hold until adequate arrangements have been made with the
credit department.

LIMITATION OF REMEDY AND LIABILITY: It is expressly understood and agreed that tha Seller's sote lability far any breach of warranty or other
breach of default hereunder, and the Buyer's sole remedy therelore, shall be for the replacement or repair by the Soller of any defective material, or
in the Seller's sole discretion, the amount of the purchase price paid to the Seiter by the Buyer for any defective product, in no event shall the
Seller be liable for consequential damages, nor shall the Seller be liable or respansible for any loss or damage sufiered by the Buyer arising from or
with respect io delay, interruption of business or disruption caused by Seller's inability or failure to supply materials or product set forth on the front
side thereof.

QUANTITY: 1! Buyer elects to purchase only a poriton o! the material quoted herein, Seller retains the right to adjust prices on remaining ilems.
When the Buyer requests a reduction of more than ten (10%) in the total quantity set forth on the front side hereof with respect fo any item, the
Seller has the right to increase the unit price of such item by a reasonable amount.

DAMAGE CLAIMS: Any damage to the product in transit must be noted on the delivery tickel or no claim for such damage will accrue against the
Seller. Unloading of product is at the Buyer's risk and Seller assumas no responsibility for personal injury or for property damage. The Buyer will
indemnify and save Seller harmiess, including atlomey’s fees, against any such claims resulting (rom such unloading ar from any claims against
Seller arising from Buyer's installation of the producis delivered heraunder.

TAXES: in addition to prices quoted on the front side hereol, the Buyer shall pay to the Seller any and all applicable sales or use faxes.

DELAYS AND FORCE MAJEURE: Seller shail nat be liable for delay in delivaring products where pecasioned by any cause of any kind or extend
beyond control of Seiler including without limitation, armed conflict or economic dislocation resulting there from, embargoes, shortages of labor, raw
malerial, fuel, energy, production lacilities or transportation, labor difficullies, civil disorders of any kind; action of civil or military authorities
(including priorities and allocations); tires; floods: and accidents. {ts intended that no liability shall accrue against Seller by reason af Rs not
dalivering any of the Items set forih on the front side hereof, or any portion thersof, alfected by any such cocurrence. In event the delay caused by
any of the foregoing, the time for performance shall be extended for such a fime as may be reasonably necessary to enable Sailer to periorm.
Selter at ali times reserves the right to apportion its production among its customers as it may determine.

DEFAULT OF BUYER: Upon a default In paymant by the Buyer of any amount dus under this Contract, or under any other Contract between Buyer
and Seller, Seller may al Its option suspend performance of {further manufacturing and/or delivery of the product to ihe Buyer, cancet the
undelivered portion of this Contract or exercise any olher remedies available under the New Hampshire Uniform Commercial Code, and in such
event, all sums owing from Buyer to Seller shall withoul nalice of demand become immediaiely due trom Buyer to Seller, Buyer hereby agrees to
pay ail costs incurred by Seller in connection with Buyer's default hereunder, including the Sellers reasonable attarnay’s fees, exercise of any of its
rights under this Contract shalt not bar Seller from exercising its rights under any applicable lien law or other statute.

RETURNS: Full credit subject to a 30% handling/restocking charge will be allowed on undamaged standard inventory precast product authorlzed for
return.

Wednesday, April 12, 2017 04:20 PM : Page 2013

Michie Corporation Quote Number: 6210
173 Buxton industrial Drive Order Date: 4/42/2017
Henniker, NH 03242
Phone: (603) 428-3218 SEVIS erm, PEP PES
Fax: (603) 428-7426 nie. ie

BRE eek ctl Gaal Sel BOR

SPECIALS: All specialty and non-standard product raquire a thirly percent (30%) deposil prior te fabrication. Special items not considered as
standard inventory by Soller, and manulactured by Seiler to Buyer's specifications or job raquiraments, will upon payment become the sole properly
of the Buyer and shall not ba accepted for return after delivery. In addition, Buyer may not cancel or terminate for any reason its obligation to
purchase special items once Seller has purchased {he raw materials necessary to manufaclure same. in adcition, in the event Seller elects to
cance} any portion of this Contract under the Paragraphs set forth above, Buyer shall be liable for the purchase price of any such special item wilh
respeci to which Seller has commenced the manufacturing process.

INSPECTIONS: All inspection charges are for Buyer's account. Ali inspections shall be conducied at Seller's plant by Buyer's authorized
representative with reasonable advance notice. Failure of Buyer to avail himself of Inspection privileges shall be deemed a waiver of the same.
ENGINEERING: Submittal drawings to be scheduled and invoiced upon receipt of signed order. Should stamped design drawings and/or buoyancy
calculations ba required, an additional charge will be assessed for this service. Quoted price covers initial submittal preparation and review as well
as production drawings following Michie Corporation receipt of signed approved submittals from engineer of record and contractor. Should
additional production drawings and/or engineering services be necessary due fo project revisions, changes or errors not daemed the responsibility
of Michie Corporation, said services will be performed by Michie Corp and billed at $65.00 per hour or portion ihereol.

FIELD ASSISTANCE: Sellar may, at Its sole discretion, provide the services ol a field representative upon receipt of a request from Buyer. This
service is ollered only on the condition that Seller shall nat be deemed to have approved or in any manner to have assumed responsibility for the
engineering design of tha job, supervision, inspaction or quailty of the workmanship. IN NO EVENT SHALL THE SERVICES OR STATEMENTS
OF A FIELD REPRESENTATIVE BE DEEMED A WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY OF THE SELLER'S
PRODUCTS OR SERVICES.

TITLE: Titfe to the products sold and paid for hereunder shall pass to Buyer upon arrival af truck on jobsite, but Buyer shall not have ihe right to
divert or re-consign such shipment to any destination other than that specified on the delivery ticket,

PRICES: The prices set forth on the front side hereof are guaranteed for shipment within ninety (90) days from the quolation date and are subject to
a maximum escalation of eight (8%) percent for each thirty (30) days therealter.

GOVERNING LAW: This contract shall be governed by and shall be construed in accordance with the jaw in force on the date of formation of this
Contract in the State of New Hampshire.

BONDS: Seller has the right to receive the Bond copy upon request.

COMPLETE AGREEMENT: This Contract constitutes the final, complete and full agreement belwaen the Seller and Buyer. No terms or conditions
ather than those contained herein, and no agreement or understanding, oral and written, in any manner purporting to madify these terms or
conditions, wheiher contained in the Buyer's Purchase form, Seller's shipping release of elsewhere shall be binding on the Seller hereafter. All
proposals, negotiations and representations, if any, made prior, and with reference hereto are merged herein. Walver by Seller or Buyer of any
breach of these provisions shall not be construed as a waiver of any other breach.

Thank you for considering Michie Corporation, Inc, for all your precast needs. Should you require additional assistance, please do nat hesitate to
contaci us at your earliest convenience.

Sincerely yours, fices, Terms and Conditions are Accepted

[bee y a ey iM

“Don Arsenault Jon Ibarra
Precast Division Manager City of Nashua

Wednesday, Apri 12, 2017 04:20 PM Pages 3 of 3

REPORT OF THE FINANCE COMMITTEE
APRIL 19, 2017

A meeting of the Finance Committee was held on Wednesday, April 19, 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 Benjamin M. Clemons
Alderman June M. Caron

Members not in Attendance: Alderman Ken Siegel

Also in Attendance: Alderman Sean M. McGuinness

PUBLIC COMMENT
COMMUNICATIONS

From: Dan Kooken, Purchasing Manager
Re: Investigative Equipment Purchase (Value: $10,662)

MOTION BY ALDERMAN CLEMONS TO ACCEPT, PLACE ON FILE AND AUTHORIZE THE PURCHASE
OF INVESTIGATIVE EQUIPMENT IN THE AMOUNT OF $10,662. FUNDS ARE AVAILABLE IN
DEPARTMENT 150 POLICE; DEPARTMENT OF JUSTICE EQUITABLE SHARING FORFEITURE
ACCOUNT

ON THE QUESTION

Alderman Cookson

| just wanted to complement the police on this because even though it is a sole source, they went out and
investigated what it would be if it wasn’t a sole source. They came back with a higher price if it were to be
multi-bid. | think it is the right thing to do to go with the sole source and move forward with this.

MOTION CARRIED

UNFINISHED BUSINESS - None

NEW BUSINESS — None

RECORD OF EXPENDITURES

MOTION BY ALDERMAN CLEMONS THAT THE FINANCE COMMITTEE HAS COMPLIED WITH

THE CITY CHARTER AND ORDINANCES PERTAINING TO THE RECORD OF EXPENDITURES

FOR THE PERIOD MARCH 31, 2017 TO APRIL 13, 2017

MOTION CARRIED

PUBLIC COMMENT

GENERAL DISCUSSION

Finance Committee - 4/19/2017 Page 2
NON-PUBLIC SESSION

MOTION BY ALDERMAN CLEMONS THAT THE FINANCE COMMITTEE GO INTO

NON-PUBLIC SESSION BY ROLL CALL PURSUANT TO RSA 91-A:3,II(e) TO CONSIDER A
PENDING GENERAL LIABILITY SETTLEMENT FILED AGAINST THE CITY

SECONDED BY ALDERMAN WILSHIRE

A Viva Voce Roll Call was taken, which resulted as follows:

Yea: Mayor Donchess, Alderman Cookson, Alderman Wilshire, 5
Alderman O’Brien, Alderman Caron

Nay: 0

MOTION CARRIED

The finance committee went into non-public session at 7:04 p.m.

MOTION BY ALDERMAN CLEMONS TO COME OUT OF THE NON-PUBLIC SESSION AND RETURN TO
THE FINANCE COMMITTEE MEETING
MOTION CARRIED

MOTION BY ALDERMAN CLEMONS THAT THE FINANCE COMMITTEE SEAL THE MINUTES OF THE
NON-PUBLIC SESSION BY ROLL CALL UNTIL SUCH TIME AS THE MAJORITY OF THE COMMITTEE
VOTES THAT THE PURPOSE OF THE CONFIDENTIALITY WOULD NO LONGER BE SERVED

ON THE QUESTION

Mayor Donchess

We will have another meeting of the finance committee before this settlement is released, and certainly one
shortly thereafter. We could vote on unsealing at that time if you wish.

Alderman Cookson

| would like to amend Alderman Clemons’ motion by making it a time specific at the time that the settlement is
signed.

MOTION BY ALDERMAN COOKSON TO AMEND THE MOTION ON THE FLOOR SO THAT THE MINUTES
WILL BE UNSEALED ON THE DATE WHEN THE SETTLEMENT IS COMPLETED AND THE PRESS
RELEASE GOES OUT

ON THE QUESTION
Alderman Deane

If the department heads come in and you have a non-public session discussing the strategy that was used, you
are now releasing the strategy and techniques that are being implemented through our risk management
department out to the public. To me, that really kind of handcuffs the negotiation and strategy that is being
used by our risk management department. That’s just a point | would like to make. We struggle with some of
these cases and some of these techniques that are used are sometimes one of a kind, sometimes they work:
sometimes they don’t. We normally get a pretty good roll out with what transpired during the whole process. |

Finance Committee - 4/19/2017 Page 3
would just think long and hard before we took away their ability to do that because their element is no longer

usable or feasible to helping with any of the settlements. | would just be cautious about taking that away from
them.

Mayor Donchess

You're point being that it could be revealing as to the way risk management would handle future cases.
Alderman Deane

Correct. We are telling the attorneys who are representing whomever in filing suits against us, this is exactly

what we may be doing and how we might be doing it. It puts our risk management department in a significant
disadvantage, | think.

Mayor Donchess

What we have before us is the main motion that the minutes be sealed until the majority of the committee votes
to release them, but the pending motion is to amend the main motion so the release would take place at the
time the settlement is made public.

Alderman Wilshire

I’m not going to support the amendment. | agree with everything Alderman Deane said.

Mayor Donchess

| think | agree with that too. | think some of the things that the attorneys are revealing. | don’t think it is in the
plaintiff's interests particularly that we release this. The plaintiff is getting money. He has a serious injury.
They went through a nine hour mediation.

Alderman Clemons

We're in public session.

Mayor Donchess

| know. They went through a mediation. | think it’s not particularly in the interest of the plaintiff or the city.

Alderman Caron

| agree. | won’t support this. If they have agreed to come out and give a press conference, | don’t think what
has been discussed in non-public should be revealed at that point. Thank you.

Alderman O’Brien

|, too, agree. You look at the umbrella. We're talking a personal issue here, as much as we would talk about
an employee, a student, or somebody else. This was handled appropriately, and | think it should be handled
as such. | can’t support that amendment.

MOTION FAILED

Mayor Donchess

We're back to the main motion to seal the minutes until such time as a majority of the committee votes that the
purpose of the confidentiality would no longer be served.

Finance Committee - 4/19/2017

A Viva Voce Roll Call was taken, which resulted as follows:

Yea: Mayor Donchess, Alderman Cookson, Alderman Wilshire,
Alderman O’Brien, Alderman Caron

Nay:
MOTION CARRIED
ADJOURNMENT

MOTION BY ALDERMAN WILSHIRE TO ADJOURN
MOTION CARRIED

The Finance Committee meeting was adjourned at 7:40 p.m.

Alderman Ben Clemons
Committee Clerk, pro tem

Page 4