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Finance Committee - 7/19/2017 Page 3
Ms. Osborne
It's an annual purchase. It was approved at the May BPW. It got overlooked in all of the finance meetings
prior to this. As we were establishing the purchasing orders we realized in error that it hadn’t been brought to
the finance committee yet. That’s why it has taken this long to get here.
MOTION CARRIED
UNFINISHED BUSINESS — None
NEW BUSINESS — RESOLUTIONS
R-17-114
Endorsers: Mayor Jim Donchess
APPROVING A THIRD AMENDMENT TO SITE LEASE AGREEMENT WITH NEW CINGULAR
WIRELESS RELATIVE TO ITS CELLULAR ANTENNA SITE AT MINE FALLS PARK
MOTION BY ALDERMAN O’BRIEN TO RECOMMEND FINAL PASSAGE
ON THE QUESTION
Attorney Bolton

Back 2 —2 % years ago, the city entered into an agreement with Verizon Wireless to build a new cellular tower
near the existing one near Mine Falls Park with the idea that it would increase capacity. It’s not the same
height but it is stronger and can hold more. The idea is to migrate all of the wireless service companies onto
the new tower. When that is done, the old tower will be removed and we will have a one tower situation. This
is another step in that process. This is essentially AT&T agreeing to a new lease, an amended lease if you
will, that changes the location of their equipment from the old tower to the new tower.

Alderman Cookson

Will this be the final change to the leases to make sure that all the original carriers on the first pole will be
moved to the second pole?

Attorney Bolton
There is one more. | suspect you will be seeing that sometime in the months to come.
Alderman Cookson

Do we not have an ordinance on the books that indicates that we cannot have a cell tower built within one mile
of an existing cell tower?

Attorney Bolton
| believe that is true.
Alderman Cookson

How does that apply to this particular situation?

Finance Committee - 7/19/2017 Page 4

Attorney Bolton

The situation was approved by this Board and the Planning Board before | occupied this position. | have been
working for the last year and four months to accomplish what was intended, but they don’t want to sign a new
agreement. | can’t force them. We've brought some pressure to bear on AT&T to get this far, but why the
situation was allowed to develop so that we would have two towers in very close proximity and have this long
process of moving carriers from one tower to the other, | don’t have enough information to be able to answer
that question.

Alderman Cookson

Who is the final carrier?

Attorney Bolton

It's a small one. The name escapes me at the moment.

Alderman Cookson

But you can provide that to us?

Attorney Bolton

| can, yes.

Alderman Cookson

Thank you. Even though we have approved it and we’ve built two towers within feet of one another ...
Attorney Bolton

We haven't. Two towers exist within close proximity.

Alderman Cookson

Two towers have been built within feet of one another. How does our law apply to that situation which says we
will not have another cell tower built within one mile of an existing.

Attorney Bolton

The city has managed to violate its own ordinance.
Alderman Cookson

What is the consequence of violating its own ordinance?
Attorney Bolton

We're not going to take ourselves to court over it.
Alderman Cookson

So there is no violation.

Finance Committee - 7/19/2017 Page 5
Attorney Bolton

There’s little consequence.

Alderman Cookson

There is the possibility if this other carrier decides to not move forward, we could exist with two cell towers as
they are currently built right now in Mine Falls Park.

Attorney Bolton

The remaining carrier when its lease expires the situation will resolve itself at that time. I’m hoping it resolves
itself prior to that.

Alderman Cookson

Who is responsible for the removal of the tower if we’re presented that situation?
Attorney Bolton

Verizon Wireless.

Alderman Cookson

Do we know when that cellular carrier’s lease expires?
Attorney Bolton

| Know. It’s on paper and | can provide that for you?
Alderman Cookson

Do you know which year?

Attorney Bolton

Within the next three years.

Alderman Cookson

| would like to request, Mayor Donchess, the name of the carrier and the expiration of the carrier's lease on
that cellular pole.

Attorney Bolton

I'll provide that.
Mayor Donchess
Thank you very much.

MOTION CARRIED

Finance Committee - 7/19/2017 Page 6
NEW BUSINESS — ORDINANCES — None

TABLED IN COMMITTEE

MOTION BY ALDERMAN O’BRIEN TO TAKE FROM THE TABLE THE COMMUNICATION REGARDING
CHANGE ORDER #2 TO THE CONTRACT FOR THE INSTALLATION OF SIPHON COVERS

MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: Siphon Covers Installation - Change Order #2 (Value: $16,618)

MOTION BY ALDERMAN O’BRIEN TO ACCEPT, PLACE ON FILE AND AUTHORIZE CHANGE ORDER #2
TO THE CONTRACT WITH WILLIAM P. DAVIS EXCAVATION, LLC, IN THE AMOUNT OF $16,618.
SOURCE OF FUNDING IS DEPARTMENT 169, WASTEWATER

ON THE QUESTION

Mayor Donchess

One question that came up was is there any way to pursue the original designer for liability. Maybe Mr. Bolton
is here to address that as well. There’s some change being required here. Is there any possibility of pursuing
the previous provided in terms of liability?

Ms. Osborne

| believe that was brought to the legal department. However, what | am here to speak about is whether or not
we can wait for such litigation.

Mayor Donchess

| do have an answer on the litigation question, which is this was put in ten years ago. It’s too long, too far back
to pursue it. The cost of pursuing it would exceed the contract price. The ten years is beyond the statute of
limitations really.

Alderman Cookson

My understanding was it was completed by Methuen Construction in 2009, which would have been eight years
ago.

Mayor Donchess

Eight years ago then.

Alderman Cookson

Does it change the course of the conversation? Eight years, ten years, it still exceeds the statute of limitation?
Mayor Donchess

Correct.

Alderman Cookson

Do we know who signed off on the vortex from a city perspective on the original construction?

Finance Committee - 7/19/2017 Page 7

Mayor Donchess

We didn’t really look into that, but it would have been somebody previous that was running plant. Who was
running the plant in 2009?

Ms. Osborne
Mario LeClair.
Alderman Cookson

We're speculating that Mr. LeClair signed off on this when it was built back in 2009.

Mayor Donchess

| am speculating because I’m just assuming that because he was the superintendent of the plant at that time
that he must have reviewed that.

Alderman Cookson

With regard to the current plan, we know that it needs to happen. The cover has to be centered over the
vortex. We've got a change order for $16,000 and we have somebody to come in and do that for us now.
What's the timing on that and how urgent of an issue is it?

Ms. Osborne

It is a very urgent issue. What happens with that vortex structure is it takes flow from one interceptor and it
puts it into another interceptor and takes away the energy. It dissipates the energy. The vortex structure,
itself, is designed to take 22 million gallons per day. With the amount of debris in the bottom of that structure,
we were facing sanitary sewer overflows every time it rained. We were not getting the volume through there
that we needed to. We were able to come up with a short-term solution to address the sanitary sewer
overflows. The street department did do a relief sewer install. Neither of those are good long-term solutions.
We need to get the vortex structured cleaned. In order to do that we need that larger hatch. That’s a Sonner
versus later kind of a scenario.

MOTION CARRIED

MOTION BY ALDERMAN O’BRIEN TO TAKE FROM THE TABLE THE COMMUNICATION REGARDING
PUMP STATION UPGRADES DESIGN SERVICES
MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: Pump Station Upgrades Design Services — Final Design (Value: $461,569)

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

TO WOODARD & CURRAN IN THE AMOUNT OF $461,569. FUNDS ARE AVAILABLE IN DEPARTMENT
169, WASTEWATER

Mayor Donchess

Before we open it to questions, Ms. Osborne, could you just explain what this contract will accomplish?

Finance Committee - 7/19/2017 Page 8

Ms. Osborne

Woodard & Curran has already done a preliminary study on the pump station upgrade and they have done a
30 percent design. This contract takes us to the 100 percent design. This is the final design contract. It also
takes us the bidding and award construction phase services. This is the final piece of the puzzle to get us
where we need for those pump station upgrades, at least the design part.

Alderman Caron

Can you tell me how long it will take you to get this work done on those 14 pump stations, once you get the
final phase?

Ms. Osborne
In the final page of the draft contract, | believe there is an updated one that Mr. Kooken has.
Mr. Kooken

| have copies. There were two errors in the contract that was previously posted. Those errors have been
corrected if you want to see those.

Mayor Donchess

Why don’t you pass them out to the committee members.

Alderman Caron

| think it is important that we keep our wastewater facility up to par. Nobody knows more than | do since it is in
my ward. We've had some good reports on it. If something major happens, it affects everybody. | know itis a
lot of money, but when you are talking 30 — 55 years old, | think it is important that we get our wastewater
treatment plant up to snuff. Thank you.

Ms. Osborne

If you look at the second page of the handout, you do have the timeline which includes the construction phase
services estimated to complete in December, 2019.

Alderman Cookson

| had several questions from the last meeting. Is someone prepared to answer those questions or do | need to
re-ask them?

Mayor Donchess

Why don’t you re-ask them so it’s clear what they are.
Alderman Cookson

I’m just reviewing the minutes from the last meeting so that | have the verbiage that | used to ask the
questions. The very first question, | believe Mr. Kooken responded regarding the termination clause indicating
that the termination clause was stricken from the contract with Woodard & Curran. That is because the city
has its own termination clause. Even though the termination clause isn’t visible to us with what we are
approving, the city has a termination clause that is applicability and will be applied as necessary.

Finance Committee - 7/19/2017 Page 9

Mr. Kooken

Correct.

Alderman Cookson

The second question was with regard to the indirect costs. On page one of the sheet that Mr. Kooken has just
provided us, the highlighted section the rate 2.02, the base $126,728 for an estimated cost of $255,990. | don’t
have the original contract in front of me. | don’t know if that $255,990 is the same number, that they just had
an incorrect base?

Ms. Osborne

It is.

Alderman Cookson

It is. So my question was going to be it was reduced from $168,290 down to $126,000 but we don’t see a

change in the price for the total contract of $461,569. Therefore, that base was incorrectly stated, but the
estimated cost in the original contract was correct at $255,990.

Mayor Donchess

That’s correct.

Alderman Cookson

Woodard & Curran is proposing a contract where they project manage the final design: engineering, bid
documents, permitting, cost estimating and bid assistance. Will they be one of the firms that will bid on the
contract?

Ms. Osborne

On the construction phase services, no. They are just an engineering firm.

Alderman Cookson

That was one of the questions we had asked last time. The conversation went on well it seemed unfair that
they are actually part of the project management bid assistance process, and they are actually going to bid on
the project, itself. You've just stated that they will not be bidding on the project, itself.

Ms. Osborne

Not on the construction.

Alderman Cookson

Will they be bidding on any other aspects of the project?

Ms. Osborne

Their main function is the engineer. They are doing the design. Yes, there’s a project manager that’s going to
help us with the bidding, documents and the construction phase services. But at this point, | believe, for this

project, this will be our final agreement with them. Whether or not there’s a change order down the road, |
can’t speak to, but this will be our final contract with them on this pump station design project.

Finance Committee - 7/19/2017 Page 10
Alderman Cookson

They did part of it for a very long time already, correct?

Ms. Osborne

Since the beginning of 2015, | believe.

Alderman Cookson

My last question was obviously we’re going to be paying them a healthy sum of money to primarily project
manage. The two errors that are within this contract don’t lend a lot of faith in my mind to their ability to find the
minute details. Huge project. | don’t know who was responsible for the contract. I’m not sure how this got
before a finance committee without anybody seeing it prior to the finance committee.

Mr. Kooken

| was sent a document on the 5", the date of our last meeting, that actually had the corrections on them. |
didn’t put two and two together that this is different from what | have. When | looked at the contract, | looked it
over. | didn’t read every page. | said, | already have this document. At the time of the last meeting, we
actually did have the corrected numbers. They were aware and they had been corrected.

Alderman Cookson

These two pages you presented to us this evening were from the document that you received on the 5"" of this
month?

Mr. Kooken

Correct.

Alderman Cookson

The highlighting you provided, is that correct, Mr. Kooken?

Mr. Kooken

Yes.

Alderman Cookson

May | ask a question with regard to the estimated project schedule, the final figure on the last page? Final
design, they have between July, 2017 to November, 2017, but they don’t necessarily specify the 60 percent,
the 90 percent review meetings, the NH DES permit applications, and the 100 percent bid documents

complete. Will we know in more detail when those activities are going to take place within these five months?

Ms. Osborne

When we have the final contract to go, we will sit down. We will have a project meeting and we usually set the
deadlines at that point. We will have a better idea when we have the final approvals for this.

Alderman Cookson

The same thing for bidding. Is that correct, or is bidding a reaction to the previous final design work and the
regulatory review?

Finance Committee - 7/19/2017 Page 11
Ms. Osborne
It has to go through DES for approvals and everything. Sometimes that it time consuming. It’s kind of a looser
schedule when it gets to the bidding part. We have to have it approved by DES before we can put it out to bid.
We will have a better idea once we get the final project moving along.
Alderman Cookson
The final construction is going to take 18 months, thereabouts?
Ms. Osborne
Thereabouts.
Alderman Cookson
Are there opportunities for efficiency? Can we pull this in any?
Ms. Osborne
We have pulled it in. The schedule, itself, a lot of the pump stations in the 30 percent design are cookie cutter
stations you know that you buy the structure and it doesn’t has to be constructed there. There’s just site work
and things to happen onsite. But you still have to look at lead times on pumps and those little buildings and
add things like that. This is our best estimate, the engineer’s best estimate for the final plan. Certainly if we
can expedite at any point, we would.
Alderman Cookson
Is this the city’s best estimate or is this ...
Ms. Osborne
This comes from Woodard & Curran.
Alderman Cookson
Thank you.
MOTION CARRIED
R-17-111
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
Alderman Tom Lopez
Alderwoman Mary Ann Melizzi-Golja
Alderman Richard A. Dowd
Alderman Sean M. McGuinness
Alderman Ken Siegel
AUTHORIZING THE CITY OF NASHUA TO AMEND THE LEASE FOR THE HERITAGE RAIL TRAIL
COMMUNITY GARDEN

e Tabled pending Infrastructure Recommendation — 7/5/17
e Also assigned to the Committee on Infrastructure; Tabled 7/12/2017

Finance Committee - 7/19/2017 Page 12
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 PERIOD JULY 1, 2017 TO JULY 13, 2017

MOTION CARRIED

PUBLIC COMMENT

GENERAL DISCUSSION

POSSIBLE NON-PUBLIC SESSION

ADJOURNMENT

MOTION BY ALDERMAN COOKSON TO ADJOURN
MOTION CARRIED

The Finance Committee meeting was adjourned at 7:31 p.m.

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