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27,

28.

29,

30.

31.

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 Independent Contractor,
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 Independent Contractor.

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 or unenforceability.

MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT This contract constitutes the entire
contract between the City of Nashua and Independent Contractor. 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
patties.

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 not elsewhere.

GC 11 of 12

EXHIBIT B

According to Proposal No 8029 from Stanley Elevator Company, Inc. dated June 14, 2019 offers
replacement of the Hydraulic Power Unit and necessary labor and materials as listed in the proposal.
Work is to be completed by November 1, 2019; if an extension of this date is required it must be in
writing and requires the approval of both parties.

GC 12 of 12

REPORT OF THE FINANCE COMMITTEE

SEPTEMBER 4, 2019

A meeting of the Finance Committee was held on Wednesday, September 4, 2019, at 7:00 p.m. in the
Aldermanic Chamber.

Mayor Jim Donchess, Chairman, presided.

Members of the Committee present: Alderman Michael B. O’Brien, Vice Chair
Alderman-at-Large Brandon Michael Laws
Alderman Linda Harriott-Gathright
Alderman Patricia Klee

Members not in Attendance: Alderwoman-at-Large Shoshanna Kelly
Alderman June M. Caron

Also in Attendance: Kim Kleiner, Director, Administrative Services
David G. Fredette, Treasurer/Tax Collector
Dan Kooken, Purchasing Manager

PUBLIC COMMENT - None
COMMUNICATIONS

There being no objection, Mayor Donchess suspended the rules to allow for the introduction of a
communication received after the agenda was prepared

From: Dan Kooken, Purchasing Manager
Re: Extension of Contract for Phase 2 of Consulting regarding Implementation of Fundraising for the
Performing Arts Center

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

EXTENSION WITH FULL CIRCLE CONSULTING IN THE AMOUNT OF $24,000. FUNDS ARE AVAILABLE

IN DEPARTMENT: 183 ECONOMIC DEVELOPMENT; FUND: PAC PROJECT COST

MOTION CARRIED

From: Mayor Jim Donchess

Re: Contract for Construction of the Heritage Rail Trail to Mine Falls Park Trail and Pedestrian Bridge
Change Order #3 and #4

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

ON THE QUESTION

Alderman Laws

| just think it is worth putting on the record so if anybody is watching knows that this is actually cheaper.
Usually when we are doing these change orders it is because it is costing the City more money.

Finance Committee - 09/04/2019 Page 2
Mayor Donchess

This time we are amending the contract down by $3,000.00 or $4,000.00.

MOTION CARRIED

From: Dan Kooken, Purchasing Manager

Re: Approval for a Contract to hold an Online Auction of Surplus Equipment at Ultima Nashua Industrial

Corp

MOTION BY ALDERMAN O’BRIEN TO ACCEPT, PLACE ON FILE AND APPROVE THE ONLINE
AUCTION CONTRACT WITH QUAKER CITY AUCTIONEERS, INC.

ON THE QUESTION
Alderman Klee

Yes | just have a quick question. | assume that this is auctioning off the older vehicles, is that what it is or just
equipment in general?

Dan Kooken, Purchasing Manager

This is all the equipment contained in the Nimco Building, there is a lot of C&C Equipment, a lot of old lays and
that kind of thing and then a lot of machine tools, that sort of thing.

Alderman Klee

So it’s just from that one particular building?

Mr. Kooken

Yes.

Alderman Klee

I’m sorry | thought when | read this it was talking about other things, but thank you for clarification.

Mayor Donchess

So the reason we have possession and ownership of this is that as part of all the litigation which is still ongoing
with the former owner of Nimco, the City obtained a judgement against the company and then went to court to
get an order saying that we own the equipment, which we got. So now we have the right to go forward an
auction the equipment to the highest bidder.

Alderman Klee
Just one more question. And the funds for this would go into what account?

Mayor Donchess

Nothing designated yet; if the Board of Aldermen were to direct it or appropriate into a particular purpose that’s
where it would go. If no action were taken before June 30 of next year, the end of the Fiscal Year, then it
would just become surplus.

Finance Committee - 09/04/2019 Page 3
Alderman Klee

Ok thank you very much.

MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: Low Floor Cutaway Van

MOTION BY ALDERMAN O’BRIEN TO ACCEPT, PLACE ON FILE AND AWARD THE CONTRACT TO
NEW ENGLAND WHEELS IN THE AMOUNT OF $123,894. FUNDS ARE AVAILABLE IN DEPARTMENT
181, COMMUNITY DEVELOPMENT; TRANSIT GRANTS; CERF

MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: City Hall Front Door Renovations

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

CONTRACT TO NORTHPOINT CONSTRUCTION MANAGEMENT IN THE AMOUNT OF $27,169.
SOURCE OF FUNDING IS DEPARTMENT 129, BUILDING DEPARTMENT; BUILDING TRUST FUND
ON THE QUESTION

Mayor Donchess

And Ms. Kleiner is here to discuss this.

Kim Kleiner, Administrative Services Director

So we apologize; on July 24" we actually brought this item to Infrastructure where we talked about it at some
length, we included that presentation with your packet so that you could review that. At that time it fell just
below the threshold to bring it to finance. It came at $24,869. Since then we have realized that we need a
change order. One of the latches for the door actually needs a second latch in order for the doors to both open
when you get the signal, the electronic signal which Risk will have control of. So we didn’t want to have to
have a crash bar or some sort of lever on that second door, so we are going to put an electronic latch on that
one as well. That’s an extra $2,300.00. So what we decided to do was to bring the entire thing to you this
evening since now the price of the entire project is over $25,000.00. Now it comes it at $27,169.00 but still the
same importance follows from the original project. This is going to make City Hall much more welcoming,
much more accessible, much more secure. So all the same factors that we discussed at Infrastructure still
exist except it will be even better with that second locking, interlocking mechanism. So | am happy to answer
any questions.

Alderman Klee

Thank you. When you are talking about the second latch, you said Risk would have control of that. Does that
mean that that door is not going to open or it will just be the single door that will open or will both doors open?

Ms. Kleiner

Both doors will unlock and we hope to have Risk have control of that. Right now we have a system which you
are all aware of at the backdoor and the doors unlock in the morning. That’s run by our Building Department
and they work very closely with our IT Department on that access. And then some of us have cards access
that we can access on a small keypad. You won’t have the keypad at the front door, but you will have that
same unlocking system so that at 7:30, | think we have set it for 7:30 now for the backdoor, it will automatically
unlock.

NOTES

Py

CONSTRUCTION SHALL BE COMPLETED OURING LOW FLOW. ALL REPAIRS
ARE TO BE PERFORMED IN THE DRY.

THE REPAIR LOCATIONS HAVE BEEN O€ TAILED FROM LIMITED FIELD
INVESTIGATIONS AND MAY NOT ACCURATELY REFLECT acTuat FIELD
CONDITIONS. ESTIMATED QUANTITIES ARE BAaSEO ON ALL REPAIRS AS
CONCRETE REPAIR. CLASS Tl. (ITEM $12.02). aN ESTIMATED
QUANTITY OF CONCRETE REPAIR CLASS [ (ITEM 512.01) HAS BEEN
INCLUDED IF NEEDED.

THE CONTRACTOR AND ENGINEER SHALL JOINTLY INSPECT ANO SOUND
THE CONCRETE AREAS TO BE REPAIRED WITH A HAMMER TO OE TERMINE
THE LIMITS OF WORK. ALL ACCESS FOR INSPECTION TO BE PROVIDED
BY THE CONTRACTOR AND THE COST WILi BE SUBSIOIARY TO ITEM
942.02.

ALL AREAS OF PREPARATION FOR CONCRETE REPAIR SHALL BE REPAIRED
WITH 1TEM 520.0201 CONCRETE CLASS 4A. ABOVE FOOTINGS. {UNLESS
NOTEO OTHERWISE}.

BASED ON FIELD CONDITIONS. 17 18 ANTICIPATEO THAT ALL EXISTING
REINFORCING STEEL WILL BE RETAINCO. AN ESTIMATED QUANTITY OF
1TEM 544.161. REINFORCING STEEL HAS BEEN INCLUDED IF IT 1S
DETERMINED DURING THE WORK THAT THE EXISTING BARS NEED TO BE
REPLACED OR ADDITIONAL BARS ARE ADDED aS DIRECTED BY THE
ENGINEER.

WATER DIVERSION AND EROSION CONTROL METHOOS SHALL BE
DETERMINED BY THE CONTRACTOR. THE WATER DIVERSION AND EROSION
CONTROL SHOWN 1S FOR INFORMATIONAL PURPOSES ONLY.

THE CITY OF NASHUA WILL PROVIDE FLOW OEPTH INFORMATION IN THE
BASE BIO PACKACE BOOKLET.

PER NHDGT STANDARD SPECIFICATIONS FOR ROAD ANO BRIOCE
CONSTRUCTION SECTION 503.3.%.2. THE CONTRACTOR SHALL SUBMIT
ORAWINGS SHOWING MATERIALS 10 BE USEO. PROPOSED METHOD OF
CONSTRUCTION. AND OTHER DETAILS LEFT OPEN TO CHOICE OR NOT
FULLY SHOWN ON THE PLANS. WHEN COFFEROAMS ARE REQUIRED OR
PROPOSED. SUCH INFORMATION SHALL SHOW THE ARRANGEMENT FOR
FLOODING THE COFFEADAM,

THE CONTRACTOR SHALL PREPARE 4NOD SUBMIT ERDSION CONTROL PLANS.
EROSION CONTROL PLANS SHALL FOLLOW BEST MANAGEMENT PRACTICES.
PLANS SHALL BE REVIEWED AND APPROVEO BY THE ENGINEER PRIOR TO
ANY WORK ON SITE. THE CONTRACTOR SHALL 8E RESPONSIBLE FOR
AMENOING THE WETLAND PERMIT JF THE WETLAND IMPACTS EXCEEO THE
AMOUNT SHOWN.

EROSION CONTROL PLANS SHALL INCLUGE DEWATERING. WATER
QISCHARGE. TURBIDITY. SEDIMENT CONTROL. ANO INSTALLATION AND
REMOVAL OF COFFEROAMS ANO/OR WATER DIVERSION.

+ WEEP HOLE SHALL BE PLACED INSIDE THE EXISTING 6° @ HOLE. SEE

SHEET 4 FOR WEEP HOLE NOTES AND SECTION Ana.

THE MAXIMUM CONCRETE REMOVAL DEPTH SHALL BE 3°-4" FROM THE
FACE OF THE ABUTMENT FOR THE PREPERATION FOR CONCRETE REPAIR.
CLASS I] AREA WHERE THE PROPOSED WEEP HOLEIS LOCATED.

TEMPORARY SANDBAGS
TITEM 503.1) WATER
DIVERSION STRUCTURES
{SEE NOTE 6)

LEGEND

Sida

TEMPORSRY WETLAND STREAMBEO
IMPACTS 1370 SF tR3UB1.3)

PREPARATION FOR CONCRETE
sestses REPAIR. CLASS It CITEM 512.02}

(UNLESS NOTED OTHERWISE )

EXISTING
ARCH
EXISTING
ABUTMENT
eet . ey, be a cs » bo eo e . fo i
= = "ws . A 5 2 ‘ , 5
é gor
* iS * EBS
t F tol Ly o 21328
£ » ~ fi | bed ba EXISTING
‘ K De KI wif ja fesse / GROUND
{ * ¥. |
* noe a bags
6-6 1 1-6 PPROXIVATE WEEP HOLE
——SUOCATION (SEE NOTE 11)
see nore iz /
$4’ -4" FACE TO FACE OF SPANOREL WALL

EAST ABUTMENT ELEVATION

SCALE: 'q™ 2 4'-0"

ve

EXISTING ABUTMENT

APPROVED:
Fe

CHECKEO:
SF

DESIGNED:
—Ke

DATE [REMSION

KO.

CLE TABLE ZV TNA AL LZ a
PIER PLAN
SCALE: ‘44° = 1°-07
EXISTING
ARCH

NASHUA RIVER
A use
—— PREPARATION FOR
CONCRETE REPAIR.
CLASS IE EXISTING PIER
7 Fa
7

EXISTING
PIER

3‘ -6*

a’-8"

vt

54/74" FACE TO FACE OF SPANDAEL WALL

WEST PIER ELEVATION

SCALE: '4q" = 1'-0"

EXISTING
ARCH

EXISTING
PIER

4 "i 1 a 4 “ a 4 4 4
4 a ES & e a e 4 Es a &
2'-6"
Z 0
=> ?

54°~4" FACE TO FACE OF SPANDREL WALL

EAST PIER ELEVATION

SCALE: vg" = 17-0"

CITY OF NASHUA
DIVISION OF PUBLIC WORKS

9 RIVERSIDE STREET
NASHUA, NH 03062

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Finance Committee - 09/04/2019 Page 4

Alderman Klee

| want to say that | am glad that we are getting these doors fixed. | was not here at the Infrastructure but | did
watch it and it was quite shocking, some of the issues and so on with that door and | think it is in desperate
need for replacement and repair. Thank you.

MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: 2019 Paving Program — Local and Collector Roadways — Change Order #1

MOTION BY ALDERMAN O’BRIEN TO ACCEPT, PLACE ON FILE AND APPROVE CHANGE ORDER #1
TO THE CONTRACT WITH SUNSHINE PAVING CORPORATION IN THE AMOUNT OF $300,000. FUNDS

ARE AVAILABLE IN DEPARTMENT 161, STREETS DEPARTMENT
AND DEPARTMENT 169, WASTEWATER

ON THE QUESTION

Mayor Donchess

And of course we have our Engineering Department here to explain this. Please explain what the change
would be.

Peter Kohalmi, Deputy City Engineer

The initial contract with Sunshine Paving is almost complete. They are over 90% done. They have done a
good job for us. They are looking to do more work and we are more than happy to give them some more
streets to pave in the City. There should be a list of the streets and the proposed treatments in the packet. It is
quite simple | think.

Alderman Laws

Just because there is a theme here, if | am not mistaken they were actually under budget and there was
money left over in the contract with them and we are going to roll that into this as well?

Mr. Kohalmi
| do not know if they are under budget. | don’t the specifics of this particular contract.
MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: Marshall Street Roadway Improvements — Change Order #2

MOTION BY ALDERMAN O’BRIEN TO ACCEPT, PLACE ON FILE AND APPROVE CHANGE ORDER #2
TO THE CONTRACT WITH THIBEAULT CORPORATION IN THE AMOUNT OF $20,000. SOURCE OF
FUNDING IS DEPARTMENT 169, WASTEWATER

Mr. Kohalmi

Ok so we’ve been working with the developer on Marshall Street. We initially hired them to do a little bit of
curb re-set and install some drainage for us. Marshall Street is in rough shape it needs some help with
drainage and grading. As we started to dig into the road, we discovered there was a concrete base under the
asphalt. It is crumbling and we’d like to get rid of it and replace it with gravel and asphalt.

Finance Committee - 09/04/2019 Page 5

This money is just for the concrete excavation; the paving will be probably done by either Sunshine or Brox,
one of our paving contractors.

Alderman Klee

Sorry to be — so many questions. When you Say that the paving will be done by Brox by and so on is that
within contract or will you come back again for the additional funding. Because you said that was just for the
excavation?

Mr. Kohalmi

No | don’t believe we will be coming back; it actually might be in the initial $300,000.00 that we just talked
about. | think it may be one of those streets.

Alderman Klee
| saw Gilson Road | don’t know if | saw ...

Mayor Donchess

Well the $300,000.00 is because they are under budget so they are completing more streets than we thought
for the amount of money allocated. So the reason that there are quite a few additional streets, 12, 15
additional streets here is that we were under budget and now can do more streets. | am not sure it is
determined who is going to do the paving and how it will be paid for. But these contracts are quite large and
this a fairly short section so it probably won't be a problem including it in the either Brox or Sunshine; the two
paving contractors that are out in the field right now.

Alderman Klee

I’m glad to see more streets getting done thank you.

Mayor Donchess

Some of them in Ward 3 | think.

Alderman Klee

Yes.

Mayor Donchess

Yes. That’s good right?

Alderman Klee

Yes.

Mayor Donchess

And some in Ward 9, that’s right.

Alderman O’Brien

Actually my street is currently under the repair and doing a fine job, yes.

Finance Committee - 09/04/2019 Page 6

Alderman Harriott-Gathright

Still waiting for mine.
MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: Monica Drive Drainage Improvements

MOTION BY ALDERMAN O’BRIEN TO ACCEPT, PLACE ON FILE AND AWARD THE CONTRACT TO
RWC ENTERPRISE IN THE AMOUNT OF $129,900. FUNDS ARE AVAILABLE IN DEPARTMENT 169,
WASTEWATER

ON THE QUESTION

Mayor Donchess

Do you want to give an explanation?
Mr. Kohalmi

The Monica Drive area has been suffering from drainage issues for years. We have had a lot of complaints
from the residents. The Streets Department did try and go in there and kind of patch things up a year or two
ago but it needs more extensive, deeper work than that. So this project is going to install some drainage pipe
under the road and we are going to reconstruct part of the road that was pretty badly beaten up from
groundwater and storm water not having a place to go.

MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: Consent Decree — 2019 Updated Long Term Control Plan

MOTION BY ALDERMAN O’BRIEN TO ACCEPT, PLACE ON FILE AND AWARD THE CONTRACT TO
HAZEN IN AN AMOUNT NOT-TO-EXCEED $487,760. SOURCE OF FUNDING IS DEPARTMENT 169,
WASTEWATER

ON THE QUESTION

Mayor Donchess

This is a control plan that the EPA has requested that we do in order to further reduce CSO or Combined
Sewer Overflow Discharge to the rivers.

Alderman Klee

Yes thank you. | think as far as our overflow into the river, | think we’ve been pretty good as to not having to
dump. | know this is a double-edged sword: when you separate the sewage from the overflow in this particular
thing. | Know that that means that runoff water can go into the river and the runoff water isn’t always all that
clean; sometimes not any cleaner than our sewage water is. When things like that happen, because | have
been getting a lot of phone calls and so on from people; about 3 or 4 weeks ago we had a severe Thursday
night storm that created a lot of this overflow into people’s basement and into their yards and so on. Do we
know when any of this regular rainwater overflow would go into the river outside of the wastewater plant? Do
we have any knowledge of that particular thing?