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Clean Water Requirements
33 U.S.C. 1251

(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant
to the Federal Water Pollution Control Act. as amended, 33 U.S.C. 1251 et seq . The Contractor agrees to
report cach violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report
each violation as required to assure notification to FTA and the appropriate EPA Regional Office.

(2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000
financed in whole or in part with Federal assistance provided by FTA.

Energy Conservation Requirements

40 US.C. 3141 et seq.
49 CFR Part 18

Energy Conservation - The contractor agrees to comply with mandatory standards and policies relating to energy
efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy

and Conservation Act.
AMERICANS WITH DISABILITIES ACT (ADA)

The Contractor agrees to comply with all applicable requirements of the Americans with Disabilities Act of 1990
(ADA), as amended, 42 USC § 12101 et seq.; section 504 of the Rehabilitation Act of 1973, as amended, 29 USC §
794; 49 USC § 5301(d); and any implementing requirements FTA may issue. These regulations provide that no
handicapped individual, solely by reason of his or her handicap, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity included in or resulting from this

Agreement.

FIRST AMENDMENT TO AGREEMENT

This First Amendment to Agreement is entered into this day
of , 2017 by and between CITY OF NASHUA, a municipality in the State of New
Hampshire (hereinafter referred to as “City”), and EAST RIVER ENERGY, (hereinafter referred to
as “Contractor”) whose address is 401 Soundview Road, P.O. Box 388, Guilford, CT 06437.

WHEREAS, City and Contractor entered into an Agreement, dated July 29, 2016 (the
“Agreement”), whereby the parties agreed to terms for B5 Biodiesel fuel blend for the period of
July 1, 2016 to June 30, 2017 with a one year option to extend at the same price; and

WHEREAS, both City and Contractor desire to exercise the one year option to extend.
NOW THEREFORE, the parties agree as follows:

1. Pursuant to the first paragraph of Section 2 — “Commencement and Term,” the option
to extend is being exercised and the term of the Agreement is hereby extended for one
year, i.e. from July 1, 2017 through June 30, 2018.

2. All other terms of the Agreement remain in full force and effect.
IN WITNESS WEREOF, the parties have executed, or have caused their properly

authorized representatives to duly execute, this First Amendment to Agreement on the
date and year first above written.

CITY OF NASHUA, NEW HAMPSHIRE EAST RIVER ENERGY
By: By:

Mayor James W. Donchess Print Name:

Date: Title:

Date:

REPORT OF THE FINANCE COMMITTEE
MAY 17, 2017

A meeting of the Finance Committee was held on Monday, May 17, 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
Alderman Ken Siegel

Also in Attendance: Dan Kooken, Purchasing Manager

PUBLIC COMMENT — None
COMMUNICATIONS

From: Mayor Jim Donchess
Re: Change Orders Related to West Wing Renovation

MOTION BY ALDERMAN SIEGEL TO ACCEPT AND PLACE ON FILE
MOTION CARRIED

From: Tim Cummings, Director of Economic Development
Re: Notice of Contract Scope Change

MOTION BY ALDERMAN SIEGEL TO ACCEPT AND PLACE ON FILE
MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: NPD Ammunition FY2017 (Value: $40,097)

MOTION BY ALDERMAN SIEGEL TO ACCEPT, PLACE ON FILE AND AWARD THE CONTRACT TO
EAGLE POINT/TJ MORRIS & SON IN THE AMOUNT OF $40,097. FUNDS ARE AVAILABLE IN
DEPARTMENT 150, NASHUA POLICE DEPARTMENT; GENERAL FUND

ON THE QUESTION

Alderman Cookson

My understanding is, and when | was on Finance previously, | thought that the police department used to
purchase their ammunition locally.

Mr. Kooken

They did. They vendor in Hooksett had the prior contract and lost that about a year plus ago so they have
been buying from the other source.

Finance Committee - 5/17/2017 Page 2
Alderman Cookson

| Know that vendor in Hooksett also had the opportunity to return empty casings. Is the same true with this
vendor out of New Jersey?

Mr. Kooken

| don’t Know. | would have to check and get back to you. | can certainly do that.
Alderman Cookson

Do we know what they are doing with their empty casing?

Mr. Kooken

| do not, no.

MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: 2017 Low Floor Cutaway Van Procurement for Nashua Transit (Value $758,790)

MOTION BY ALDERMAN SIEGEL TO ACCEPT, PLACE ON FILE AND AWARD THE CONTRACT
TO DATTCO IN THE AMOUNT OF $758,790. SOURCE OF FUNDING IS DEPARTMENT 186,
TRANSPORTATION; TRANSIT GRANTS

ON THE QUESTION

Alderman Siegel

| just want to make it clear for the listening public that the city is not on the hook for that $758,790. We're only
on the hook for about $56,000 of that. The rest of it is federal transportation administration money.

Alderman O’Brien

The purchase price of the buses, | see we have one price for six and then the option to get three more. Is that
because we have so many vans so we get a good number for the ones we’re purchasing and the option would
be reflected in the next three?

Mr. Kooken

Yes.

Alderman Cookson

Some of the funding is also coming from the state. Are there any hesitations about those funds? Will they be
coming? Is there any reason why they wouldn’t come to benefit the purchase of these vehicles.

Director Marchant
The funding from the state has been secured. We do fully expect that to come.
Alderman Cookson

Thank you.

Finance Committee - 5/17/2017 Page 3
MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: 25 Crown Street Park and Ride Construction Engineering Services (Value $169,229)

MOTION BY ALDERMAN SIEGEL TO ACCEPT, PLACE ON FILE AND AUTHORIZE THE CONTRACT
EXTENSION WITH MCFARLAND JOHNSON IN THE AMOUNT OF $169,229. FUNDS ARE AVAILABLE IN
DEPARTMENT 181, COMMUNITY DEVELOPMENT; NEW HAMPSHIRE DOT; CONGESTION MITIGATION
AND AIR QUALITY PROGRAM

ON THE QUESTION

Alderman Cookson

| Know why we are doing this. | don’t agree with the expenditure of the funds. | won’t be supporting it, but |
understand the long range goal and why we have to do it.

Mayor Donchess
Just for explanation, this is federal money we are spending.
MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: 25 Crown Street Park and Ride Construction (Value $1,653,175)

MOTION BY ALDERMAN SIEGEL TO ACCEPT, PLACE ON FILE AND, CONTINGENT UPON BOARD
OF ALDERMEN APPROVAL, AWARD THE CONTRACT TO GEORGE R. CARIN & SONS, INC., IN THE
AMOUNT OF $1,653,175. SOURCE OF FUNDING IS DEPARTMENT 181, COMMUNITY DEVELOPMENT;
NEW HAMPSHIRE DOT; CONGESTION MITIGATION AND AIR QUALITY PROGRAM

ON THE QUESTION

Mayor Donchess

Again, these are federal funds.

Director Marchant

This is 100 percent. Federal funds are the toll credits.

Alderman Clemons

This has to go back to the full Board of Aldermen for approval, is that correct?

Mayor Donchess

Yes.

Director Marchant

If we don’t finish this project, we have to buy the property back from the money we’ve already spent, just as a
caveat.

MOTION CARRIED

Finance Committee - 5/17/2017 Page 4

From: Dan Kooken, Purchasing Manager
Re: Skate Park Lighting (Value Not-To Exceed: $20,000)

MOTION BY ALDERMAN SIEGEL TO ACCEPT, PLACE ON FILE AND, CONTINGENT UPON BOARD OF
PUBLIC WORKS APPROVAL, AWARD THE CONTRACT TO SK & ASSOCIATES IN AN AMOUNT NOT-
TO-EXCEED $20,000. SOURCE OF FUNDING IS DEPARTMENT 161, STREET; GENERAL FUND

ON THE QUESTION
Alderman Wilshire

| was over there the other day doing some clean up at Mine Falls and noticed it is under construction. Do you
know what the completion date is for that?

Mayor Donchess

We're trying to do it by July 1, but we think in the end we won't make it. But, it will be not that long after July 1.
There will probably be a short period of several weeks between which there will be neither skateboard parks
because the other skateboard park is going to be dismantled in late June and then this will probably replace it
sometime later in July.

Alderman Cookson

| was curious as we’re investigating lighting of this skateboard park what the lighting is of that entire general
area, the parking lot of the Y, Stellos, leading up to the skateboard park, and was curious if it makes more
sense to have a holistic plan for the entire area in conjunction with what we are doing so there’s consistency,
that everything is well lit back there. | believe the goal of this is ultimately to make it a sports recreation center.
It would be ideal to have consistent lighting to make the whole area look appealing.

Mayor Donchess

| can get an answer, but | am not totally aware of what the rest of the lighting scene for the Y and the
remainder of the parking lot.

Alderman Cookson
We own that. The parking area is the city’s responsibility, correct?

Mayor Donchess

Correct.

Alderman Siegel

One of the things that is pointed out in the contract in the description of what’s going is is there’s specialized
lighting associated with the skate park because of the curves, the falls and the dips. | understand your concern
about it being holistic, but this is actually some specialized lighting for that particular application. It’s a little bit
separate: but it’s worth looking into.

Alderman Cookson

| absolutely agree with Alderman Siegel. For the use that it is being considered for, | agree with that. But I’m
saying again, overall, we want to make the whole area appealing. We want to make sure that it is well lit. Very
similar to the lighting that we did on the bridge on Main Street. We tried to make the posts similar to that
period or other light posts. Is there the opportunity to replicate or scale this up so we could, not in this

Finance Committee - 5/17/2017 Page 5

particular instance, can we look at the entire plan for the entire area so everything looks consistent and well put
together instead of just ad hoc?

Mayor Donchess
Are you saying you'd like to get that report before you vote or would just like to get that report in general?
Alderman Cookson

| would like to get that report in general. | don’t think this has to hold up, but | don’t know if anybody has
considered the lighting for the entire area versus just this one specific instance.

Mayor Donchess

We can definitely get you that report and information.

Alderman Siegel

| would note that while it is good for us to know that, that’s a BPW function. We don’t control it.
Alderman Cookson

As the chairman of BPW and the liaison to the BPW, | would desire that you take that back to them. Thank
you.

Mayor Donchess
There’s no problem in getting back to you on that subject.
MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: Outside Services/Appraiser (Value Not-To-Exceed $35,000)

MOTION BY ALDERMAN SIEGEL TO ACCEPT, PLACE ON FILE AND AWARD THE CONTRACT TO
VALUATION RESEARCH COUNSELING IN AN AMOUNT NOT-TO-EXCEED $35,000. FUNDS ARE
AVAILABLE IN DEPARTMENT 132, ASSESSING; GENERAL OVERLAY

ON THE QUESTION

Alderman O’Brien

I’ve only been an alderman for a couple of years. Is this standard procedure? This is the first time I’ve seen
something like this come before us.

Jon Duhamel, Chief Assessor

Brady Sullivan Properties is appealing some of their value to Superior Court, and we need to have appraisals
done to defend those values.

Alderman Cookson

| want to thank Mr. Duhamel for bringing forward this particular vendor who has the ability to defend cases. |
thought that was one of the selling points of this particular vendor. | would absolutely support this.

Finance Committee - 5/17/2017 Page 6

Mayor Donchess

In furtherance of the same point, in the litigation with the hotel down in the south end, the Radisson, the city
some several years ago, we lost the case against them and there was a lot of money involved, in part because
we did not call an expert other than the assessor for the city. That’s a mistake we should repeat.

MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: 2017 Sewer Replacement Program (Value: $3,255,683)

MOTION BY ALDERMAN SIEGEL TO ACCEPT, PLACE ON FILE AND, CONTINGENT UPON BOARD OF
ALDERMEN APPROVAL, AWARD THE CONTRACT TO DEFELICE CORPORATION IN THE AMOUNT OF
$3,255,683. FUNDS ARE AVAILABLE IN DEPARTMENT 169, WASTEWATER; SEWER REHAB

MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: Asset/Pavement Management Services (Value: $50,000)

MOTION BY ALDERMAN SIEGEL TO ACCEPT, PLACE ON FILE AND AWARD THE CONTRACT TO
STANTEC CONSULTING SERVICES IN THE AMOUNT OF $50,000. SOURCE OF FUNDING IS
DEPARTMENT 160, ADMINISTRATION/ENGINEERING; PAVING BOND

MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: Pavement Management Engineering Services (Value: $245,000).

MOTION BY ALDERMAN SIEGEL TO ACCEPT, PLACE ON FILE AND AWARD THE CONTRACT TO
HAYNER/SWANSON, INC. IN THE AMOUNT OF $245,000. FUNDS ARE AVAILABLE

IN DEPARTMENT 160, ADMINISTRATION/ENGINEERING; PAVING BOND

MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: Castings Purchase for the 2017 Street Paving Program (Value: $58,104)

MOTION BY ALDERMAN SIEGEL TO ACCEPT, PLACE ON FILE AND AWARD THE CONTRACT TO EJ
PRESCOTT, INC. IN THE AMOUNT OF $58,104. SOURCE OF FUNDING IS DEPARTMENT 169,
WASTEWATER; SEWER STRUCTURES

MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: Change Order #1 Retaining Wall Block for Skateboard Park (Value: $9,281)

MOTION BY ALDERMAN SIEGEL TO ACCEPT, PLACE ON FILE AND AUTHORIZE CHANGE ORDER #1
IN THE AMOUNT OF $9,281 TO MICHIE CORP. FUNDS ARE AVAILABLE IN DEPARTMENT 161,
STREET; GENERAL FUND

ON THE QUESTION

Alderman Cookson

Like Alderman Wilshire was saying earlier, construction is happening over at the Skate Park. It is relatively
new construction. They put up the retaining wall. What constitutes the change this early in the project?

Finance Committee - 5/17/2017 Page 7

Alderman Siegel

It says right in the documentation for the change order. At the time, they weren’t aware of how much of wall
structure they would need to properly fit up the retaining wall. They had to go in there and see the site
conditions. They have the exact same blocks So it’s actually now cost effective and it matches. Now that they
know, that’s what that is about.

Alderman Cookson
Thank you.
MOTION CARRIED
UNFINISHED BUSINESS — None
NEW BUSINESS — RESOLUTIONS
R-17-099
Endorsers: Mayor Jim Donchess
Alderman Richard A. Dowd

APPROVING A FIRST AMENDMENT TO TOWER REPLACEMENT AGREEMENT WITH
VERIZON WIRELESS

MOTION BY ALDERMAN SIEGEL TO RECOMMEND FINAL PASSAGE
MOTION CARRIED

NEW BUSINESS — ORDINANCES -— None
RECORD OF EXPENDITURES

MOTION BY ALDERMAN SIEGEL THAT THE FINANCE COMMITTEE HAS COMPLIED
WITH THE CITY CHARTER AND ORDINANCES PERTAINING TO THE RECORD OF EXPENDITURES
FOR THE PERIOD APRIL 14, 2017 TO APRIL 27, 2017; AND, APRIL 28, 2017 TO MAY 11, 2017

ON THE QUESTION

Alderman Siegel

| sent a very late email to Mr. Griffin, which | apologize for. | noticed we had a lot of charges for Motel 6 on the
credit card. We have a very, very large workman’s comp settlement | noticed under Risk, not that we can veto
that. It is what it is, like a $104,000 workman’s comp settlement. That’s pretty heavy duty.

Mr. Griffin

A few months ago Motel 6 would not do business with the city unless it was on a credit card. In the Record of
Expenditures that Alderman Siegel is referencing, there are 17 separate vouchers that are for welfare clients
that were put up at Motel 6. Late breaking news, Motel 6 had an issue in Braintree, Mass. Corporate-wide,
they will no longer accept welfare vouchers. They used to bill us monthly in the neighborhood of $5,000 per
month.

With respect to the over $100,000 workers comp claim that was an impairment judgment made by the
Department of Labor at the state. Risk Manager Deshaies can get into a lot more detail, but it’s based on
wages and the severity of impairment. She can get into a little more detail when you go into non-public.

Finance Committee - 5/17/2017 Page 8
Alderman O’Brien

I’m concerned about not having a vendor like Motel 6. Are we looking for someone else who will accept
vouchers in the city?

Mr. Griffin

Welfare Officer Mack will be able to respond to that. He just found out about Motel 6. We've had trouble with
Motel 6 with regard to how they want to be paid. That’s why we went with the credit card. Our preference is
that we trade the vouchers for a check monthly, not by credit card. Mr. Mack, I’m sure, is looking for
alternatives.

Alderman O’Brien

Regardless of Motel 6, | doubt that the need is going away. That’s what | have concerns about.

MOTION CARRIED

PUBLIC COMMENT — None

GENERAL DISCUSSION — None

NON-PUBLIC SESSION

MOTION BY ALDERMAN SIEGEL 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,
Alderman O’Brien, Alderman Clemons, Alderman Caron,
Alderman Siegel 7

Nay: 0

MOTION CARRIED

The finance committee went into non-public session at 7:24 p.m.

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

MOTION BY ALDERMAN SIEGEL 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