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maintain and complete work in accordance with the requirements of the contract or determination
of the City of Nashua. Professional Engineer is responsible for requesting clarification or
interpretation and is solely liable for any cost or expense arising from its failure to do so.

TERMINATION OF CONTRACT

A. TERMINATION, ABANDONMENT, OR SUSPENSION AT WILL. The City of Nashua, in its sole
discretion, shall have the right to terminate. abandon. or suspend all or part of the project and
contract at will. Ifthe City of Nashua chooses to terminate, abandon, or suspend all or part of the
project, it shall provide Professional Engineer 10 day’s written notice of its intent to do so.

If all or part of the project is suspended for more than 90 days, the suspension shall be treated as a
termination at will of all or part of the project and contract.

Upon receipt of notice of termination, abandonment, or suspension at will, Professional Engineer
shall:

I. Immediately discontinue work on the date and to the extent specified in the notice.

2. Place no further orders or subcontracts for materials, services, or facilities, other than as
may be necessary or required for completion of such portion of work under the contract
that is not terminated.

3. Immediately make every reasonable effort to obtain cancellation upon terms satisfactory
to the City of Nashua of all orders or subcontracts to the extent they relate to the
performance of work terminated, abandoned, or suspended under the notice, assign to
the City of Nashua any orders or subcontracts specified in the notice, and revoke
agreements specified in the notice.

4. Not resume work after the effective date of a notice of suspension until receipt of a
written notice from the City of Nashua to resume performance.

In the event of a termination, abandonment, or suspension at will, Professional Engineer shall
receive all amounts due and not previously paid to Professional Engineer for work satisfactorily
completed in accordance with the contract prior to the date of the notice and compensation for work
thereafter completed as specified in the notice. No amount shall be allowed or paid for anticipated
profit on unperformed services or other unperformed work.

B. TERMINATION FOR CAUSE This agreement may be terminated by the City of Nashua on 10
calendar day’s written notice to Professional Engineer in the event of a failure by Professional
Engineer to adhere to any or all the terms and conditions of the contract or for failure to
satisfactorily, in the sole opinion of the City of Nashua, to complete or make sufficient progress on
the work in a timely and professional manner. Professional Engineer shall be given an opportunity
for consultation with the City of Nashua prior to the effective date of the termination. Professional
Engineer may terminate the contract on 10 calendar days written notice if, through no fault of
Professional Engineer, the City of Nashua fails to pay Professional Engineer for 45 days after the
date of approval by the City of Nashua of any Application for Payment.

Upon receipt of notice of termination for cause, Professional Engineer shall:

1. Immediately discontinue work on the date and to the extent specified in the notice.

2. Provide the City of Nashua with a list of all unperformed services.

3. Place no further orders or sub-contracts for materials, services, or facilities, other than as
may be necessary or required for completion of such portion of work under the contract
that is not terminated.

4. Immediately make every reasonable effort to obtain cancellation upon terms satisfactory
to the City of Nashua of all orders or sub contracts to the extent they relate to the

GC 4o0f 11

Finance Committee - 2/21/2018 Page 17

Representative Rosenwald was very involved in trying to get this funded. | think one year a couple of years
ago she got a little bit of money. | think we got something, but not nearly whatever the state’s share is
supposed to be.

Alderman Klee

What is the state’s share supposed to be?

Mayor Donchess

| would have to refresh myself on that and get back to you. These are not supposed to be full state funding,
but state participation in these projects but we’re not really getting that participation. | will check out what we
should be getting. Also, if anyone wants to tour the plant, it’s pretty interesting. Director Fauteux, Mr. Boucher
will take you around. It’s pretty interesting. You'll see how complicated and large this operation really is.

MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: Headworks Upgrade Project — Change Order #9 (Value: $11,489)

MOTION BY ALDERWOMAN KELLY TO ACCEPT, PLACE ON FILE AND APPROVE CHANGE ORDER #9
TO THE CONTRACT WITH T-BUCK CONSTRUCTION IN THE AMOUNT OF

$11,489. FUNDS ARE AVAILABLE IN DEPARTMENT 169, WASTEWATER; STATE REVOLVING

LOAN FUND; HEADWORKS UPGRADE

ON THE QUESTION

Mr. Boucher

This is a project that is at its tail-end. It was to upgrade some of the heating units in main building. The
headworks building is the building where all the flow comes in from the city. It removes the rags and large
items from the wastewater so it doesn’t damage the pumps. There were new mechanisms put in, raker arms,
to pull the rags out. As part of this project, it was discovered that the fire alarm panel wasn’t up to code. Some
of the fixtures that are in these rooms, the environment can be hazardous. The fixtures need to be in explosion
proof containers which come at a pretty high cost. We're on punch list items now. We should be close to
being done the end of March. This is one of the punch list items.

Alderman Klee

This $11,000 in addition to the $221,000 comes out of the state revolving loan.
Mayor Donchess

Correct.

Alderman Klee

Is this also one of the items we should be getting a little bit more help from the state?

Mayor Donchess

Probably. We will check that out. There’s a woman who works for Public Works that knows this in a lot of
detail. Maybe we’ll have her come in and explain it. It comes from many different directions: sewage
treatment, pensions, on and on and on.

Finance Committee - 2/21/2018 Page 18
MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: Digester Cleaning Project - Change Order #2 (Value: Not-To-Exceed $100,000)

MOTION BY ALDERWOMAN KELLY TO ACCEPT, PLACE ON FILE AND APPROVE CHANGE ORDER #2
TO THE CONTRACT WITH DENALI WATER SOLUTIONS IN AN AMOUNT NOT-TO-EXCEED $100,000.
SOURCE OF FUNDING IS DEPARTMENT 169, WASTEWATER

ON THE QUESTION

Mr. Boucher

The digester cleaner project started back in November. There’s two digesters. There’s a 250,000 gallon
secondary digester and a 1.3 million gallon primary digester shaped like a big egg. They hold sludge, heat
sludge so it breaks down so there’s less sludge to haul out. Every so often you have to drain these tanks and
clean them out and inspect them. They need repairs inside and out. It has taken a little longer than expected.
There were some storms that set up back. | don’t believe this is going to be the last change order on it
unfortunately but it is nearing completion. The egg is drained. We're looking at some of the charges coming in
for this company to dewater the sludge out and drain the tank. The tank is drained, but they still have to
dewater while we do some repairs on valves. This is to pay for some of that dewatering and trucking fees that
are involved. Whether the $100,000 will cover the project, | don’t believe it will. We just found out a little while
ago that it probably won’t so that’s just a heads up. But that’s what this is for, to clean out these eggs.
Alderman Klee

Is this part of typical maintenance? Is this one of the things not done on time?

Mr. Boucher

| won’t say not done on time. Some of the valves that are associated with part of this should have been
replaced sooner, should have been on a maintenance schedule. But the egg, itself, the last time it was done |
believe was 2005. It’s probably gone on a little longer, but we’ve looked inside and the interior looks good.
These are also the tanks that generate the methane gas that we also use as a gas to heat some of our facility.
The tanks are in good condition. Could it go ten years? | don’t know; it probably should be done sooner to
inspect inside. There’s a lot of piping and equipment inside the tanks. Mostly the exterior stuff is stuff that
could have been checked sooner.

Alderman Klee

Will this be part of your regular maintenance?

Mr. Boucher

Yes, it will be. All of the valves will be.

Alderman Caron

In the letter, it said you thought you would be done February 3" so it’s not complete.

Mr. Boucher

No, it is not.

Finance Committee - 2/21/2018 Page 19
Alderman Caron

You think another month?

Mr. Boucher

Yes, at least another two weeks and then we start filling the egg again. It takes a month and a half to get the
egg full and back online. You have to slowly fill it and get the process back up and running.

MOTION CARRIED
Mayor Donchess

The next two items are just informational because these were emergencies having to do with sewer repairs.
Under the ordinances the Mayor has the authority to authorize emergency sewer repairs and other emergency
repairs when they can’t wait for a finance meeting. Then the ordinance says we come to you and tell you what
happened. Here the appropriate motion is simply to accept and place on file.

From: Mayor Jim Donchess
Re: Emergency PO Request — Emergency Sewer Repair at 38 Bridge Street

MOTION BY ALDERWOMAN KELLY O ACCEPT AND PLACE ON FILE
MOTION CARRIED

From: Mayor Jim Donchess
Re: Emergency PO Request — Emergency Contract With Crisp Contracting, LLC for an
Amount Not-to-Exceed $55,000 to Perform Sewer Repairs

MOTION BY ALDERWOMAN KELLY TO ACCEPT AND PLACE ON FILE
MOTION CARRIED

UNFINISHED BUSINESS — None

NEW BUSINESS — None
DISCUSSION
Alderman Klee

This was the second sink hole that we had? We had two in the city so this takes care of both of them? This is
the second one? | think at our last meeting, we took care of the first one.

Mayor Donchess

| believe, yes.

RECORD OF EXPENDITURES

MOTION BY ALDERWOMAN KELLY THAT THE FINANCE COMMITTEE HAS COMPLIED WITH THE CITY
CHARTER AND ORDINANCES PERTAINING TO THE RECORD OF EXPENDITURES FOR THE PERIODS
FROM JANUARY 13, 2018 TO FEBRUARY 1, 2018 AND FEBRUARY 2, 2018 TO FEBRUARY 15, 2018
MOTION CARRIED

PUBLIC COMMENT - None

REMARKS BY THE ALDERMEN - None

Finance Committee - 2/21/2018 Page 20
POSSIBLE NON-PUBLIC SESSION — None

ADJOURNMENT

MOTION BY ALDERMAN O’BRIEN TO ADJOURN
MOTION CARRIED

The Finance Committee meeting was adjourned at 8:14 p.m.

Alderwoman-at-Large Shoshanna Kelly
Committee Clerk

7:00 PM

FINANCE COMMITTEE

FEBRUARY 21, 2018

Aldermanic Chamber

ROLL CALL

PUBLIC COMMENT

COMMUNICATIONS

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Dan Kooken, Purchasing Manager
Purchase of NPD Ammunition (Value: $66,395); Department: 150 Police; Fund: Ammunition
and Supply Account

Dan Kooken, Purchasing Manager
Purchase of NPD Firearms (Value: $52,730); Department: 150 Police; Fund: Escrow - Firearms

Dan Kooken, Purchasing Manager
Purchase of NPD Forensic Workstation (Value: $13,995); Department: 150 Police; Fund: Equitable
Sharing Forfeiture Account

Dan Kooken, Purchasing Manager
Purchase of NPD Tasers (Value: $14,759); Department: 150 Police; Fund: General Fund
Firearms Account

Dan Kooken, Purchasing Manager
Lawson Consulting Services (Value: $10,000); Department: 111 Human Resources; Fund: Generai

Dan Kooken, Purchasing Manager
Engineering Study for East Hollis Street/Bridge Street Improvements (Value: $256,503)
Department: 183 Economic Development; Fund: East Hollis Street Intersection Improvement Grant

Dan Kooken, Purchasing Manager
Amendment #2 to Post Construction Engineering Services Contract with Hayner Swanson
(Value: $77,630); Department: 160 Admin/Engineering; Fund: Bond; Activity: Broad Street Parkway

Dan Kooken, Purchasing Manager
Change Order #1 to Construction Services Contract with Siemens for LED Street Lighting
(Value: $42,000); Department: 161 Streets; Fund: Bond

Dan Kooken, Purchasing Manager

2018 Street Paving Program — Pavement Cores (Value: Not-To-Exceed $30,000); Department: 164
Streets; Fund: General; Department: 161 Streets; Fund: Trust; Department: 169 Wastewater; Fund:
Wastewater

Dan Kooken, Purchasing Manager
Temple St. Guardrail (Value: Not-To-Exceed $120,000); Department: 160 Engineering; Fund: Grant
Activity: Highway Block Grant

Dan Kooken, Purchasing Manager
Purchase of Portable Air Compressor (Value: $22,943); Department: 177 Parks and Recreation;

Funds: Trust

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Dan Kooken, Purchasing Manager
Mine Falls Gatehouse Roof Repairs (Value: $13,300); Department: 177 Parks and Recreation;
Funds: Trust

Dan Kooken, Purchasing Manager
Portabie Toilet Contract (Value: $16,565); Department: 177 Parks and Recreation; Funds: General
and Trusts ($13,925); Department: 169 Wastewater; Fund ($2,640)

Dan Kooken, Purchasing Manager
2018 Fourth of July Fireworks Display (Value: $16,500); Department: 177 Parks and Recreation;
Funds: General

Dan Kooken, Purchasing Manager
Purchase of Six (6) Solid Waste Collection Vehicles (Value: $2,001,555); Department: 168 Solid
Waste; Fund: Bond; Activity: CERF

Dan Kooken, Purchasing Manager
Replacement of Traffic Control Equipment on the Daniel Webster Highway and Spit Brook Road
(Value: $146,500): Department: 160 Engineering; Fund: Grant; Activity: Highway Block Grant

Dan Kooken, Purchasing Manager
Purchase of Raw Sewage Updated Drive (Value: $33,000); Department: 169 Wastewater
Fund: Wastewater

Dan Kooken, Purchasing Manager
Contract for Steam System Repairs (Value: Not-To-Exceed $20,000); Department: 169 Wastewater;
Fund: Wastewater

Dan Kooken, Purchasing Manager
Purchase of Raw Sewage Pump Suction Cover Assembly (Value: $15,800); Department: 169
Wastewater; Fund: Wastewater

Dan Kooken, Purchasing Manager
SCADA Upgrades Project — Construction Change Order #1 (Value: $114,000); Department: 169
Wastewater; Fund: WERF; Activity: SCADA

Dan Kooken, Purchasing Manager
Primary Clarifier Upgrades — Final Design Phase (Value: $221,875); Department: 169 Wastewater;
Fund: SRF Loan; Activity: Primary Tank Upgrades

Dan Kooken, Purchasing Manager
Headworks Upgrade Project - Change Order #9 (Value: $11,489); Department: 169 Wastewater;
Fund: SRF Loan; Activity: Headworks Upgrade

Dan Kooken, Purchasing Manager
Digester Cleaning Project - Change Order #2 (Value: Not-To-Exceed $100,000); Department: 169
Wastewater; Fund: Wastewater

Mayor Jim Donchess
Emergency PO Request — Emergency Sewer Repair At 38 Bridge Street

Mayor Jim Donchess
Emergency PO Request — Emergency Contract With Crisp Contracting, LLC for an
Amount Not-to-Exceed $55,000 to Perform Sewer Repairs

UNFINISHED BUSINESS — None
NEW BUSINESS — None
DISCUSSION

RECORD OF EXPENDITURES
PUBLIC COMMENT

POSSIBLE NON-PUBLIC SESSION

ADJOURNMENT

THE CITY OF NASHUA meen:

Financial Services

Purchasing Department

February 15, 2018
Memo #18-086

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: PURCHASE OF NPD AMMUNITION (VALUE: $66,395)
DEPARTMENT: 150 POLICE; FUND: AMMUNITION AND SUPPLY ACCOUNT

Please see attached communications from Karen A. Smith, Business Manager dated February 6, 2018
for the information related to this purchase.

Pursuant to § 5-84 Special purchase procedures A. (3) Purchases which can be procured through
cooperative intergovernmental purchase agreements with other governmental jurisdictions.

The Nashua Police Department and the Purchasing Department recommend the award of the purchase
in the amount of $66,395 from Eagle Point Gun/TJ Morris & Son of Thorofare, NJ.

Purchasing Manager

Cc: K Smith A Lavoie

229 Main Street e Nashua, New Hampshire 03061 e Phone (603) 589-3330 e Fax (603) 589-3233 |

NASHUA POLICE
Date: 6 February 2018

Intradepartmental Communication

To: Dan Kooken, Purchasing Manager
From: Karen A. Smith, Business Manager

Subject: Nashua Police Department ammunition and supplies

The below request is to purchase ammunition, which includes the changeover to 9mm weapons. The
State of NH contract #8001897 awarded to Eagle Point Gun/TJ Morris & Son has been extended to

10/31/18.

MODEL CALIBER {| DESCRIPTION | QUANTITY COST
Speer 53824 9 MM 124 GRN 180 cases $35,037.00
Federal AE223N 223 62 GRN 110 cases $15,831.20
Federal LE223T3 223 62 GRN 35 cases $8,213.45
Speer 54226 9 MM 147 GRN Gold 10 cases $3,860.00
Dot Il Hollow
Point
Federal BC223NT5A [| 223 55GRN no lead 9 cases $3,452.85
frangible
TOTAL: $66,394.50 |

The Nashua Police Department recommends purchasing the ammunition order from Eagle Point/TJ
Morris & Son of Thorofare, NJ under the NH state contract. Funding is available in the Police Ammunition
and Supply account General Fund budget.

Sincerely,

Konan SH

Karen A. Smith
Business Manager