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10.

11.

12.

The Contractor warrants that title to all Work covered by an Application for Payment will
pass to the Owner no later than the time of payment. The Contractor further warrants that
upon submittal of an Application for Payment, all Work for which Certificates for Payment
have been previously issued and payments received from the Owner shall, to the best of
the Contractor's knowledge, information and belief, be free and clear of liens, claims,
security interests or other encumbrances adverse to the Owner's interests.

OWNER shall make payments on the basis of Contractors Application for Payment,
approximately 30 days from the time the final payment application is received by the
Owner, depending upon the timing of submittals and approvals.

The Contractor shall promptly pay each Subcontractor and material supplier out of the
amount paid to the Contractor on account of such entities’ portion of the Work.

The Owner shall have no responsibility for the payment of money to a Subcontractor or
material supplier.

An Application for Payment, a progress payment, or partial or entire use or occupancy of
the project by the Owner shall not constitute acceptance of Work not in accordance with
the requirements of the Contract Documents.
Substantial completion is the stage in the progress of the Work when the Work or
designated portion thereof is sufficiently complete in accordance with the Contract
Documents so the Owner can occupy or utilize the Work for its intended use.

When the Work or designated portion thereof is substantially complete, the Contractor and
Owner shall establish responsibilities for completion and shall fix the time within which the
Contractor shall finish all items on the list accompanying the Certificate. Warranties
required by the Contract Documents shall commence on the date of Substantial
Completion of the Work or designated portion thereof unless otherwise provided in the
Certificate of Substantial Completion.

Upon receipt of a final Application for Payment, the Owner will inspect the Work. When he
finds the Work acceptable and the Contract fully performed, the Owner will promptly issue
a final Certificate for Payment.

Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall
constitute a waiver of claims by that payee except those previously made in writing and
identified by that payee as unsettled at the time of final Application for Payment.

ARTICLE 11— PROTECTION OF PERSONS AND PROPERTY

1.

The Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs, including all those required by law in connection with
performance of the Contract. The Contractor shall promptly remedy damage and loss to
property caused in whole or in part by the Contractor, or by anyone for whose acts the
Contractor may be liable.

ARTICLE 12 — CORRECTION OF WORK

1.

The Contractor shall promptly correct Work rejected by the Owner as failing to conform to
the requirements of the Contract Documents. The Contractor shall bear the cost of
correcting such rejected work.

In addition to the Contractor's other obligations including warranties under the Contract,
the Contractor shall, for a period of one year after Substantial Completion, correct work not
conforming to the requirements of the Contract Documents.

If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner
may correct it and the Contractor shall reimburse the Owner for the cost of the correction.

AG-7

ARTICLE 13 — PROHIBITED INTERESTS

Contractor shall not allow any officer or employee of the City to have any indirect or direct interest
in this contract or the proceeds of this contract. Contractor warrants that no officer or employee of
the City has any direct or indirect interest, whether contractual, non-contractual, financial or
otherwise, in this contract or in the business of the Contractor. Contractor 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. Contractor further warrants that no person having such an interest shall be
employed in the performance of this contract. If any such interest comes to the attention of
Contractor at any time, a full and complete disclosure of the interest shall be immediately made in
writing to the City. If City determines that a conflict exists and was not disclosed to the City, it
may terminate the contract at will or for cause.

ARTICLE 14 — TERMINATION OF THE CONTRACT

4. If the Owner fails to make payment when due or substantially breaches any other
obligation of this Contract, following fifteen days’ written notice to the Owner, the
Contractor may terminate the Contract and recover from the Owner payment for work
executed.
2, The Owner may terminate the contract for cause if the Contractor:
> persistently or repeatedly refuses or fails to supply enough properly skilled workers;
> fails to make payment(s) to Subcontractors for labor or materials in accordance with
the respective agreements between the Contractor and Subcontractors;

> disregards laws, ordinanances, rules, regulations, or orders of any public authority
having jurisdiction; or

> is otherwise guilty of a substantial breach of a provision of the Contract Documents.

3. If the Owner has decided to terminate the contract for cause, the Owner, without prejudice
to any other rights or remedies of the Owner, and after giving the Contractor and the
Contractor's surety, if any, seven days' written notice, shall terminate the employment of
the Contractor and may finish the Work by whatever reasonable method the Owner
may deem expedient.

4. If the Contract has been terminated by the Owner for cause, the Contractor shall not be
entitled to receive further payment until the work is finished. If the unpaid balance of the
Contract Sum exceeds the cost of finishing the Work, such excess shall be paid to the
Contractor. If the cost of finishing the Work exceeds the unpaid balance, the Contractor
shall pay the difference to the Owner. This obligation for payment shall survive
termination of the Contract.

5. The Owner also has the right to terminate this Contract, in whole or in part, without cause,
upon fifteen days’ written notice. As of the date specified in the notice, Contractor shall
stop all performance under this Contract, except as otherwise directed by the Owner,
provide the Owner with a list of all unperformed services, and take such action relative
thereto as Contractor may be directed by the Owner. The Owner agrees to pay for all
work that has been performed and equipment that has been installed or is on order and
the order cannot be cancelled.

ARTICLE 15— MISCELLANEOUS PROVISIONS

1. Neither party to the Contract shall assign the Contract as a whole without written consent
of the other.

2. Tests, inspections and approvals of portions of the Work required by the Contract
Documents or by laws, ordinances, rules, regulations or orders of public authorities having
jurisdiction shall be made at an appropriate time.

AG-8

3. If additional testing is required, the Contractor shall perform these tests.

4. The Owner shail pay for tests except for testing Work found to be defective for which the
Contractor shall pay.

5. The Contract shall be governed exclusively by the law of the State of New Hampshire, and
any litigation shall be brought in a court located in the State of New Hampshire.

6. Contractor must comply with all requirements in Exhibit A, attached, “Federal Labor
Standards Provisions”, dated 7/31/2015.

7. The owner will not accept a $4,000.00 credit for the CAT generator as referenced in the
initial bid proposal, and instead the Contractor will remove the CAT generator from the
building in its current working state, and load on a trailer to be provided by the Owner at
the site of the removal.

OWNER (signature) CONTRACTOR (signature)

Donnalee Lozeau, Mayor

(Printed Name and Title) (Printed Name and Title)

Date

Date

AG-9

REPORT OF THE FINANCE COMMITTEE

DECEMBER 26, 2017

A meeting of the Finance Committee was held on Tuesday, December 26, 2017, at 7:00 p.m. in the
Aldermanic Chamber.

Mayor Jim Donchess, Chairman, presided.

Members of the Committee present: 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-at-Large Mark S. Cookson, Vice Chair

Alderman Ken Siegel

Also in Attendance: Steven A. Bolton, Corporation Counsel
Alderman Don LeBrun

PUBLIC COMMENT - None
COMMUNICATIONS

From: Mayor Jim Donchess
Re: Digester Facility Boiler System Emergency PO Request

MOTION BY ALDERMAN O’BRIEN TO ACCEPT AND PLACE ON FILE
MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: 2017 Low Floor Cutaway Van Procurement for Nashua Transit (Value $15,000)

MOTION BY ALDERMAN O’BRIEN TO ACCEPT, PLACE ON FILE AND APPROVE

THE INCREASE TO THE CONTRACT WITH DATTCO IN THE AMOUNT OF $15,000. FUNDS ARE
AVAILABLE IN DEPARTMENT 186 TRANSPORTATION; TRANSIT GRANTS

MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: Canal Street Bridge over Nashua River Subsurface Exploration (Value: $24,628)

MOTION BY ALDERMAN O’BRIEN TO ACCEPT, PLACE ON FILE AND AWARD

THE CONTRACT TO CLD/FUSS & O’NEIL IN THE AMOUNT OF $24,628. SOURCE OF FUNDING
IS DEPARTMENT 161, STREETS; CAPITAL IMPROVEMENTS; BRIDGE REHABILITATION
MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: Hayner/Swanson — Pavement Management (Engineering Services) Change Order 1 ($40,000)

MOTION BY ALDERMAN O’BRIEN TO ACCEPT, PLACE ON FILE AND AUTHORIZE CHANGE ORDER #1
TO THE CONTRACT WITH HAYNER/SWANSON, INC., IN THE AMOUNT OF

$40,000. FUNDS ARE AVAILABLE IN DEPARTMENT 160, ADMINISTRATION/ENGINEERING; PAVING
BOND

MOTION CARRIED

Finance Committee - 12/26/2017 Page 2

From: Dan Kooken, Purchasing Manager
Re: Speed Radar Feedback Signs at Birch Hill Elementary School (Value: $28,220)

MOTION BY ALDERMAN O’BRIEN TO ACCEPT, PLACE ON FILE AND AWARD

THE CONTRACT TO MOULISON LLC, IN THE AMOUNT OF $28,220. SOURCE OF FUNDING IS
DEPARTMENT 160, ENGINEERING; GRANT SAFE ROUTES TO SCHOOL ($17,920); AND QUADRANT
TRUST FUNDS ($10,300)

ON THE QUESTION
Alderman Wilshire

| have a question about the radar feedback. Can you tell us a little bit more about what that is?

Mayor Donchess

It will be what we have on Manchester Street near Dr. Crisp and Mount Pleasant. So you drive by and it says
how fast you’re going. The purpose is to try to keep people to the speed limit.

Alderman Wilshire

That’s what | thought. It sounded expensive so | thought I’d ask.

Mayor Donchess

These are two units. This is consistent with what those cost. And the other set is on E. Dunstable Road near
Bicentennial.

MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: Raw Sewage Pump Updated Drive Purchase (Value: $29,358)

MOTION BY ALDERMAN O’BRIEN TO ACCEPT, PLACE ON FILE AND AWARD

THE CONTRACT TO W.W. GRAINGER, IN THE AMOUNT OF $29,358. FUNDS ARE AVAILABLE IN
DEPARTMENT 169, WASTEWATER

MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: Flow Assessment Monitoring Services (Value: $37,400)

MOTION BY ALDERMAN O’BRIEN TO ACCEPT, PLACE ON FILE, AND AWARD THE CONTRACT TO
FLOW ASSESSMENT SERVICES IN THE AMOUNT OF $37,400. SOURCE OF FUNDING IS
DEPARTMENT 169, WASTEWATER

MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: Purchase of Two Ford F350 4x4 Trucks with V Plows (Value: $98,038)

MOTION BY ALDERMAN O’BRIEN TO ACCEPT, PLACE ON FILE AND, CONTINGENT UPON BOARD OF
ALDERMAN APPROVAL, AWARD THE CONTRACT TO MHQ IN THE AMOUNT OF $98,038; FUNDS ARE
AVAILABLE IN DEPARTMENT 177, PARKS AND RECREATION; CERF

Finance Committee - 12/26/2017 Page 3
ON THE QUESTION

Alderman Clemons

Is there a reason it’s going to the Board of Aldermen? Just curious.

Mayor Donchess

Yes. It was over the 10 percent allowable increase for CERF. They’re changing from F-250’s to F-350’s with
the big V plows on them so they’re more expensive. This has been approved by the Board of Public Works.

MOTION CARRIED

UNFINISHED BUSINESS — None

NEW BUSINESS — None
RECORD OF EXPENDITURES

MOTION BY ALDERMAN O’BRIEN THAT THE FINANCE COMMITTEE HAS COMPLIED WITH THE CITY
CHARTER AND ORDINANCES PERTAINING TO THE RECORD OF EXPENDITURES FOR THE PERIODS
DECEMBER 1, 2017 TO DECEMBER 15, 2017

MOTION CARRIED

PUBLIC COMMENT - None
REMARKS BY THE ALDERMEN
Alderman Clemons

| want to take this time, because | don’t want to do it at the Board of Alderman meeting, to discuss my
displeasure with the plowing over the weekend. | had gotten several texts/emails regarding the plowing
conditions in Ward 6. The issue seems to be that on the dead end streets the plows don’t come down until
after the storm has already passed. | can attest to this because | live on a dead end street. The issue that |
have with this is that in several cases the plows will go by on the cross streets one time, they'll come back; an
hour or two later, they'll go by on the cross street again, back and forth. This will happen during the duration of
the storm. And it isn’t until after the storm that — and usually after a phone call, to be quite frank — the plow will
come down the dead end. The problem that | have with this is that this makes a dangerous situation for
anybody who lives on those streets. And | don’t blame the plow drivers because I’m sure that this is some kind
of route system that has been put into place by the management at the DPW, because the streets that are
done are done very well, and when they get to our streets finally, they do a good job as well. So the issue isn’t
so much with the plow drivers, it’s with the way that it’s being done. | would suggest that the first order of
business for the Board of Public Works would be to address this issue in the future because you are putting
citizens at risk. When a plow goes by — for example, up on the intersection of Lovewell and Chestnut, if you
were to turn right and go down to the dead end portion of Chestnut, there are several dead end streets down
that way that weren’t touched at all, until the end of the storms. Some of those are quite hilly and it’s difficult to
get up those streets.

This is something that I’ve complained about in the past; | thought it was going to be addressed and it wasn't. |
hope that in the future the system for plowing can be looked at, because | don’t think it’s right that streets can
be ignored until the end of the storms, particularly when you can see the plow going by and passing your street
while your street sits ignored.

Finance Committee - 12/26/2017 Page 4

Mayor Donchess

I'd be glad to Public Works about this again. We have discussed presenting, again, publicly the snow plowing
plan, as we did at the beginning of this term, but very few members of the public showed up for that. So we’d
been talking doing kind of a video. Now, it doesn’t allow for much input but certainly, you’re right, we should try
to treat all streets — there has to be a plan to maximize efficiency, but we should treat all streets with
importance.

| did see that you had commented on this during the storm and | did ask them to get down to your street. | don’t
know if they did, and the other dead ends near you.

Alderman Clemons
Some of them they got to, and | appreciate that.

Mayor Donchess

But it does help to get comments because we can always improve. | will definitely take this up with Director
Fauteux, our Director of Public Works, and hopefully we can do better in the future.

Alderman Clemons

Thank you. | appreciate that.

POSSIBLE NON-PUBLIC SESSION - None
ADJOURNMENT

MOTION BY ALDERMAN W ILSHIRE_TO ADJOURN
MOTION CARRIED

The Finance Committee meeting was adjourned at 7:13 p.m.

Alderman-at-Large Michael B. O’Brien
Committee Clerk, pro tem

FINANCE COMMITTEE

DECEMBER 26, 2017

7:00 PM Aldermanic Chamber

ROLL CALL

PUBLIC COMMENT

COMMUNICATIONS

From:
Re:

From:
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From:
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From:
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From:
Re:

Mayor Jim Donchess
Digester Facility Boiler System Emergency PO Request

Dan Kooken, Purchasing Manager
2017 Low Floor Cutaway Van Procurement for Nashua Transit (Value $15,000)
Department: 186 Transportation; Fund: Transit Grants

Dan Kooken, Purchasing Manager
Canal Street Bridge over Nashua River Subsurface Exploration (Value: $24,628)
Department: 161 Streets; Fund: Capital

Dan Kooken, Purchasing Manager
Hayner/Swanson — Pavement Management (Engineering Services) Change Order 1
(Value: $40,000); Department: 160 Admin/Engineering; Fund: Bond

Dan Kooken, Purchasing Manager

Speed Radar Feedback Signs at Birch Hill Elementary School (Value: $28,220)

Department: 160 Engineering; Funds: Grant Safe Routes to School $17,920 and Quadrant Trust
Funds $10,300

Dan Kooken, Purchasing Manager
Raw Sewage Pump Updated Drive Purchase (Value: $29,358)
Department: 169 Wastewater; Fund: Wastewater

Dan Kooken, Purchasing Manager
Flow Assessment Monitoring Services (Value: $37,400)
Department: 169 Wastewater; Fund: Wastewater

Dan Kooken, Purchasing Manager
Purchase Of Two Ford F350 4x4 Trucks With V Plows (Value: $98,038)
Department: 177 Parks and Recreation; Funds: Trust/CERF

UNFINISHED BUSINESS — None

NEW BUSINESS - None

RECORD OF EXPENDITURES

PUBLIC COMMENT

DISCUSSION

NON-PUBLIC SESSION

ADJOURNMENT

CONSTRUCTION PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: that

(Name of Contractor)

(Address of Contractor)

a , hereinafter called Principal,
(Corporation, Partnership or Individual)

and

(Name of Surety)

(Address of Surety)

hereinafter called Surety, are held and firmly bound unto

(Name of Owner)

(Address of Owner)

hereinafter called OWNER, in the total aggregate penal sum
of

Dollars, $ ( )

in lawful money of the United States, for the payment of which sum well and truly to be made,
we bind ourselves, our heirs, executors, administrators successors, and assigns, jointly and

severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a

certain contract with the OWNER, dated the day of 20 a

2

copy of which is hereto attached and made a part hereof for the construction of:

NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the
undertakings, covenants, terms, conditions, and agreements of said contract during the original
term thereof, and any extension thereof which may be granted by the OWNER, with or without
notice to the Surety and during the one year guaranty period, and if the PRINCIPAL shall
satisfy all claims and demands incurred under such contract, and shall fully indemnify and save
harmless the OWNER from all costs and damages which it may suffer by reason of failure to do
so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may
incur in making good any default, then this obligation shall be void: otherwise to remain in full
force and effect.

PF - 1 of 2

Jim Donchess
Mayor e City of Nashua

To: Board of Aldermen

Filed With: Patricia Piecuch, City Clerk

From: Jim Donchess
Date: December 14, 2017
Re: Digester Facility Boiler System Emergency PO Request

Pursuant to 5-90 (G) of the NRO, | have authorized emergency repair of the boilers at the WW Digester
Building. The repairs will be performed by Johnson Controls of Manchester, NH in an amount of $43,571.

By way of background during routine maintenance to the Digester Facility Boiler systems a
diaphragm failure was discovered in the expansion tanks. This failure caused over
pressurization of the system, resulting in a mechanical seal failure in a water
recirculation pump, damage to the expansion tanks, as well as damage to the water
separation tank.

This failure is believed to be caused by the inconsistent quality of the methane gas
produced by the digester. The current Energy Recovery Generator replacement project,
which is in preliminary design, is already addressing this issue with gas purifying
equipment.

An emergency purchase order on these critical components is needed for three reasons.
First, the boilers are used to heat the digester and are critical to the operation and
maintenance of the optimal temperature of the solids in the digester. Second, the
ordering lead time on some of the needed units is 4-6 weeks. Third, with the digester
currently offline it is an ideal time to take care of these repairs.

Attached is a copy of the PO Request from Noelle Osborne, Plant Operations Supervisor,
Wastewater for a PO to be issued to in the amount of $43,571 and a copy of the quote
from Johnson Controls of Manchester, NH specifying the work to be completed.

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