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Finance Committee - 2/6/2019 Page 4
Ms. Marchant

That’s a great question. At this time we are not looking at lighting in that area. Mine Falls Park is not lit on the
other side and there are street lights right there at the crosswalk that will be lit and Ledge Street has lighting.
Gate City Fence’s parking lot is somewhat lit but there is no intent to start lighting parts of Mine Falls Park.

MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: Unleaded Fuel Contract (Value Estimated $366,625)

MOTION BY ALDERWOMAN KELLY TO ACCEPT, PLACE ON FILE AND AWARD THE CONTRACT TO
DENNIS K. BURKE, INC., INAN ESTIMATED AMOUNT OF $366,625. FUNDS ARE AVAILABLE IN
DEPARTMENT 186, TRANSPORTATION; GRANT AND GENERAL OPERATING FUNDS

MOTION CARRIED

UNFINISHED BUSINESS — None

NEW BUSINESS — None

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 PERIOD
JANUARY 11, 2019 TO JANUARY 31, 2019

MOTION CARRIED

GENERAL DISCUSSION - None

PUBLIC COMMENT - None

REMARKS BY THE ALDERMEN - None

POSSIBLE NON-PUBLIC SESSION - None

ADJOURNMENT

MOTION BY ALDERMAN O’BRIEN TO ADJOURN
MOTION CARRIED

The Finance Committee meeting was adjourned at 7:10 p.m.

Alderwoman-at-Large Shoshanna Kelly
Committee Clerk

FINANCE COMMITTEE
FEBRUARY 6, 2019
7:00 pm Aldermanic Chamber
ROLL CALL
PUBLIC COMMENT
COMMUNICATIONS
From: Dan Kooken, Purchasing Manager
Re: Purchase of One (1) New Pierce Arrow XT 1500 GPM Pumper Truck (Value: $641,206)
Department: 152 Fire Rescue; Fund: Bond
From: Dan Kooken, Purchasing Manager
Re: Comprehensive Lighting Design and Electrical Plan for Downtown Riverfront (Value $100,000)
Department: 181 Community Development; Fund: General
From: Dan Kooken, Purchasing Manager

Re: Unleaded Fuel Contract (Value Estimated $366,625); Department: 186 Transportation
Fund: Grant and Various Department’s General Funds

UNFINISHED BUSINESS — None
NEW BUSINESS — None

RECORD OF EXPENDITURES
GENERAL DISCUSSION

PUBLIC COMMENT

REMARKS BY THE ALDERMEN
POSSIBLE NON-PUBLIC SESSION

ADJOURNMENT

THE CITY OF NASHUA “The Gate City’

Financial Services

Purchasing Department

January 31, 2019
Memo #19-115

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: | PURCHASE OF ONE (1) NEW PIERCE ARROW XT 1500 GPM PUMPER TRUCK
(VALUE: $641,206)
DEPARTMENT: 152 FIRE RESCUE; FUND: BOND

Please see the attached communication from George A. Walker, Assistant Chief to Brian D. Rhodes,
Chief of Department dated January 23, 2019 for 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.

Nashua Fire Rescue and the Purchasing Department recommend the purchase of this vehicle from

Minuteman Fire & Rescue Apparatus inc. of Walpole, MA in the amount of $641,206.

Respectfully, _

”

co Ae ff
ooo SF Lot WE.
(oO ON FL Me CY

po?
ban Kooken
Purchasing Manager

Ce: B. Rhodes G. Walker J. Graziano

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

Nashua Fire Rescue George A. Welker

Administrative Office Assistant Chief

: ' f “ (603) 594-3651

70 East Hollis Street, Nashua, Nh 030680 FAX (603) 594-3654
www nashuafire.com WalkerG @NashueNi gov

To: Chief of Department Brian D. Rhodes
Fron: Assistant Chief George A. Walker

Re. Pierce Arrow XT 1500 GPM Pumper Truck
Date: January 23, 2019

Chief Rhodes,

Ihave attached Resolution R-18-081 which authorizes the Mayor and City Treasurer to issue
bonds not to exceed the amount of six hundred sixty thousand dollars ($660,000) to purchase a
new pumper truck for the Fire Department.

This bond will allow the replacement of our 2001 Pierce Enforcer 1500 GPM Pumper truck.

Historically Nashua Fire Rescue has purch ased vehicles from Pierce Manufacturing with a pre
pay. This option offers the City a significant savings of $17,883 in finance charges for this
vehicle that can be used towards the outfitting and purchase.

lam recommending that we move forward with accepting this financing of the pre pay option, in
order to seoure the savings and to establish a construction schedule to meet the requirements of
the bond.

Respectfully,
(74

f é

! i VE f Og
f j etl # id
Negi Ge Lb bot A iit

George AY Walker
Assistant Chief

R-18-081

RESOLUTION
AUTHORIZING THE MAYOR AND CITY TREASURER TO ISSUE BONDS

NOT TO EXCEED THE AMOUNT OF SIX HUNDRED SIATY THOUSAND DOLLARS
($660,000) TO PURCHASE A NEW PUMPER TRUCK FOR THE FIRE DEPARTMENT

CITY OF NASH

in the Year Two Thousand and highteen

RESOLVED by the Board of Aldermen of the Cit ‘y of Nashua that the Mayor of the City
Nashua and the City Treasurer of the City of Nashua a are hereby anthoriz edt io issue and sell
wen eral obligation bonds of the City in an aggregate principal not to exceed six hundred Sixty
th I

iousand dollars ($660,000). The proceeds of said bon. ds cha ll be used to pure chas sé a new
purnper truck for the Fire Department. The useful life of the truck j is fifteen years.

Pursuant to Nashua City Charter § 304-a, this resolution requires a “duly advertised public
hearing.” Also see N.H. RSA 33:9, which re yuires a 2/3 vote for passage of this resolution.
Sie)

The bonds shall be general obligations of the City of Nashu ua, payable as to principal and
interest from ad valorem taxes, which will be levied without Hin wiahon a§ to rate or amount on all
taxable property within the territorial limits of the City of Nashu

The bonds shall bear the manual or facsimile signature of the City Treasurer and the
Mayor. In accordance with Chapter 91 of the New Hampshir re Acts of 2005, b bonds issued
pursuant to this resolution shall not require an authentic: ating certificate of a bank or trust

company doing business in the State of New Hampshire or The Commonwealth of
Massachusetts, or the Commissioner of Revenue Aaministration.

The bonds are to be issued in fully-registered form | by means of a book-entry system or
otherwise and shall have such terms and conditions and be in such form, subject to the provision
of this resolution and applicable law, as shall be determined by the Mayor and the City
Treasurer.

RESOLVED FURTHER, that the Mayor is authorized to enter into the required
contracts therefor as well as any amendments to | be made thereto or anv other documentation
J
necessary for the receipt of said fands,

LEGISLATIVE YEAR 2018

RESOLUTION: R-18-081
PURPOSE: Authorizing the Mayor and City Treasurer to issue bonds not

to exceed the amount of six hundred sixty thousand dollars
($660,006) to purchase a new pumper truck for the Fire
Department

Mayor Jim Donchess
Alderwoman Mary Ann Melizzi-Golja

COMMITTEE
ASSIGNMENT:

FISCAL NOTE: {tis anticipated that the bond would be sold in FY 20/21 for a
fifteen year term. It is estimated the interest rate will be
approximately 3.5% and the total cost of the bond will be $844,800
including interest. The average annual payment will be
approximately $56,320 with the beginning years 2 at a higher
amount. The vehicle was approved in the FY 19 CERE
schedule/budget.

ANALYSIS

This resolution authorizes the City to issue and sell general obligation bonds up to $660,000 for the
purchase of a new pumper truck for the Fire Department. The pumper truck was approved in the
FY 2019 Capital Equipment Reserve Fund plan.

Pursuant to Nashua City Charter on -a, this resolution requires a “duly advertised public
hearing”. Also see NH RSA 33:9, which requires a 2/3 vote for passage of this resolution.
This legislation should be referred to the Board of Fire Commissioners for its review and
approval.

Approved as to account Minang) Services Division
structure, numbers and

amount: By: Amal Bu. a
Approved as to form: Office of Corporation Eounsel
r 9
By: Prrony, Cat (2
i

CAS oo =
Date: ods Men. PO Sug
‘

PROPOSAL Bid # 425

FOR FURNISHING

FIRE APPARATUS

The undersigned is prepared io manufacture for vou, upon an order being placed by you, forfinal acceptance by
Minuternan Fire & Rescue Apparatus, Inc. at its home office in Walpole, Massachusetts, the apparatus and equipment herein
named and for the following prices:

%

One (1) Pierce Arrow XT

OPTION - [fa inthe amount of 8-645, 206 ed Lb

Minulemar Fire & avatus Inc. withia Tllcen (15 iby

ayers seuytenad tap bats age frye at Paden f dehware wer qj 4

OxSCUICG COMITHCL UC DAIATIC® GUe AL TIG OF GENVErY WHO

TRADE IN OPTION — (1) 2001 Pierce Enlorcer ISO} GPM Pumner BT 000.00

ontract pricing and is valid un

TOTAL §

Said apparatus and equipment are to be built. and shipped in accordance with the specifications hereto attached, delays
due to strikes, war or international conflict, failures to obtain chassis, materials, or other causes beyond our control not
preventing, within about_190 werking days after receipt of this order and the acceptance thereof at our office at Walpole,
Massachusetis, and to be delivered to you at_ihe Mashua Fire Department, Nashua New Hanipshize specifications herem
comained shall form a part of the final contract, and are subject to changes desired by the purchaser, provided such alterations
are interlined prior to the acceptance by the company of the order to purchase, and provided such alterations do not materially
affect. the cost of the construction of the apparatus.

The proposal for fire apparatus conforms with all Federal Department of Transportation (DOT) rules and regulations
in effect at the time of bid, and with all National Fire Protection Association (NFPA) Guidelines for Automotive Fire Apparatus
as published at the Gme of bid, except as modified by customer specifications. Any mereased costs incurred by first party
because of Future changes in or additions te said DOT or NFPA standards will be passed along to the customers as an addition
to the price set forth above.

Unless accepied within 30 days from date, the right is reserved to withdraw this proposition.

FIRE & RESCUE APPARATUS INC.

MINUTEMA: AR
By: je, AA nia) x O C7

*

William K. O'Connor, VP Sales & Marketing

PURCHASE AGREEMENT

This Purchase Agreement (logether with all attachments referenced herein, the “Agreement’), made and entered into
by and between Minuteman Fire arid Rescue Apparatus, Inc. d/b/a Minuteman Fire and Rescue Appars tus CTBealer?),
and the City of Nashua, New Hampshire _. a New Hampshire municipality (“Customer’) is effectiv af the date
specified in Section 3 hereof.

1. Defi 1S.

a. “Product” means th apparatus described in Exhibit “A” which is attached to the Agreement and made a part hereof,
along with any associated equipraent furnished for the Customer by Dealer pursuant to the Specifications.

b. “Specifications” means the general specifications, technical specifications, training, and te sting requirements for the
Product contamed in the Dealer Proposal for the Product prepared in response to the C “ustomier’s request for proposal,

ce. “Dealer Proposal” means the proposal provided by Dealer atiached as Exhibit C which is attached to the Agreement
and made a part hereof, prepared in response to the Customer's reqnest for proposal.

a. “Delivery” means the date Dealer is prepared to make physical possession of the Product available to the Customer.

e. “Acceptance” The Customer shall have the opportunity, as described in Section $(b) below, to inspect the Product for
substantial conformance with the material Specifications: unless Dealer receives a Notice of Defect within the time
frame described in Section 8(b), the Product will be deemed to be in conformance with the Specifications and accepted

by the Customer.
2. Purpose. This Agreement sets forth the terms and conditions of Dealer’s sale of the Product to the Customer.
3. TermofA Agreement. This Agreement will become effective on the date it is signed and approved by both Customer and Dealer,

which ever date is later (“Effective Date”) and, unless earlier terminated pursuant to the terms of this A greement, it will be
deemed satisfactorily performed by the Dealer upon the Customer's Acceptance and payment in full of the Purchase Price.

4 Payment The Customer agrees to pur rchase the Product specified on Exhibit A for the total purchase price of
$ 6660 00 (“Parchase Price”). Prices are in ULS. funds.

5. Future Changes/Changes to Specifications. Various state or federal regulatory agencies (c.g, NEPA, DOT, EPA) may require
chenges to the Specifications and/or the Product and in any such event any resulting cost increases incurred to comply therewith
will be added to the Purchase Price shall be paid by the Customer. In addition, any future drive irain upgrades (engine,
transmission, axles, etc.), or any other specification changes have not been calculated into the manufacturer's annual increases
and will be provided at additional cost. To the extent practicable, Dealer will document and iiemize any such price increa
ihe Customer. Hf) subsequent to the Effective Date of this Agreement: 1) the manufaciurer of the Apparatus (or a man nufacturer
ofa component therein} makes design and/or production changes, including, but not limited to finture drive train upgrades (such
as engine, transmission or axle upgrades) (*Manutacturer Modifications”); or 2) design or production changes are made to the

Apparatus to comply with any applicable government regulation (such as the Federal Motor Vehicle Safety Standards or the
Environmental Protection Agency Emissions Standards) or industry standards (such as those adopted by the National Fire
Protection Association) (cumulatively referred to hereinafter as “Compliance Modifications’), and if there is an increase me costs
io Dealer as a result of Manufacturer Modifications or Cornpliance Modifications, the Purchase Price shall be automatically
adpusted to reimburse Dealer for said costs. Dealer shall make reasonable efforts to advise the Customer of such changes witha
a reasonable time and provide documentation to support any changes in price to Customer upon request. In addition, Customer
and Dealer may agree to make changes to the Spe scificat 1ons, bat aay such changes must be by written change order signed by
Customer and Dealer (“Change Order”)

6. Agreement Changes. The Customer may request that Dealer incorporate a change to the Products or the Specifications for the
Producis by delivering a change order io Dealer; provided, however, that any such change order must be in writing and inchide
a description of the proposed change sufficient to permit Dealer to evaluate the feasibility of such change (“Change Order”).
Within fifieen (15) business days of receipt of a Change Order, Dealer will make diligent efforts to inform the Customer in
writing of the feasibility of the Change Order, the earliest possible implementation date for the Change Order, of any increase or
decrease in the Purchase Price resulting from sach Change Order, and of any effect on production scheduling or Delivery resulting
from such Change Order. Dealer shall not be Hable-to the Customer for any delay in performance or Delivery arising from any
such Change Order. A Change Order is only effective when counter-signed by Dealer’s authorized representative.

7, Cancellation‘Termination. In the event this Agreement is cancelled or terminated by a party before completion, Dealer may
charge a cancellation fee. Customer acknowledges and agrees that: 1) the Product is a unique and highly customized vehicle,
made specifically for Customer; 2) Dealer has invested a significant effort and incurred significant expense in the design and
engineering of the Product for the Customer; 3} due to its unique and customized nature, resale of the Product will be difficult to
sell to a third-party without a significant loss to the Dealer: 4) that the actual damages that Dealer will incur are unknown ai the
time of the signing of this Agreement; and 5) the parties agree that the schedule of liquidated damages as set ferth in this
Agreement are reasonable. As a result, Dealer and Customer agree thal the following charge schednle based on costs incurred
shall be applied: (a) 10% of the Purchase Price after order is accepted and entered by Dealer: (b) 20% of the Purchase Price after
completion of approval drawings, and; (c) 30% of the Purchase Price upon any material requisition. The cancellation fee will
increase accordingly as costs are incurred as the order progresses through engineering and into manufacturing.

&. Delivery, Inspection and Acceptance. (a) Delivery. Delivery of the Product is scheduled ta be within 9.5 months of the
Effective Date of this Agreement, the City of Nashua Fire & Rescue, Nashua NH. Risk of loss shall pass to Customer upon
Product for substantial conformance to the material Specifications, and inthe event of substantial non-conformance to the material
Specifications to furnish Dealer with written notice sufficient to permit Dealer ta evaluate such non-conformance (“Notice of
Defect”). Any Product not in substantial conformance to material Specifications shali be remedied by Dealer by putting the
Manufacturer on written notice of such non-conformance. In the event Dealer does not receive a Notice of non-conformance
within ten (14) business days of Delivery, Product will be deemed to be in conformance with Specifications and acéeptéd by
Customer.

%. Notice. Any required or permitted netices hereunder must be given in writing af the address of each party set forth below, or
o such other address as either party may substitute by written notice to the other in the manner contemplated herein, by one of
he following methods: hand delivery; registered, overnight mail by a recognized overnight cartier, or certified mail, return receipt
requested, postage prepaid; or nationally-recognized private express courier:

ea

ae

Dealer: Customer:

Minuteman Fire and Rescue Apparatus, Inc. City of Nashua New Hampshire
2181 Providence Highway 70 East Hollis Street

Walpole, Massachusetts 6208) Nashua, New Hampshire 03060

Fax: 508-216-6368

anty, Any applicable manufacturer warranties are allached herelo as Exhibit B and made a part hereof. Any
additional warranties must be expressiy approved in writing by Dealer's authorized representative. Unless provided otherwise in
writing and signed by Dealer, no other warranties are provided other than the applicable manufacturer's warranties.

a. Disclaimer. OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER DEALER, ITS
AFFILIATES, SUBSIDIARIES, LICENSORS OR SUPPLIERS, THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, SHAREHOLDERS, AGENTS OR. REPRESENTATIVES, MAKE ANY EXPRESS OR IMPLIED
WARRANTIES WITH RESPECT TO THE PRODUCTS PROVIDED HEREUNDER OR OTHERWISE REGARDING THIS
AGREEMENT, WHETHER ORAL OR WRITTEN, EXPRESS. IMPLIED OR STATUTORY. WITHOUT LIMITING THE

a

FOREGOING, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, THE IMPLIED WARRANTY
AGAINST INFRINGEMENT, AND THE IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR
PURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAIMED., vA Rahn MADE BY SALES REPRESENTATIVES
OR IN PROMOTIONAL MATERIALS DO NOT CONSTITUTE WARRANTI

b, Exclusions of Incidental and Consequential Damages. In no eveni shall Dealer be liable for consequential, incidental
or punitive damages incurred by Customer or any third party in connection with any matter arising out of or relating to this
Agreement, or the breach thereof, regardless of whether such darnages arise out of breach of warranty, tort, contract, strict
liability, statutory Hability, indemnity, whether resulting from non-delivery or from Dealer’s own negligence, or otherwise.

li. insurance. Manufacturer maintains the following limits of insurance with a carrier(s} rated A- or better by ALM, Best:
Commercial General Liability Insurance:
Products/Completed Operations Aggregate: $1,000,000

Each Occurrence: 51,060,000
Umbrelle/Excess Liability lusurance:

Aggregate: $25,000,006

Each Occurrence: $25,000,060

The Customer may request: G) manufacturer to provide the Customer with a copy ofa current Certificate of Insurance

with the coverages listed above; (y) to be included as an additional insured for Commercial General Liability (subject

io ihe terms and conditions of the applicable manufacturer insurance. policy); and (z) all policies to provide a 30 day
rotice of cancellation to the named insured,

12, Force Majeure. Dealer shall not be responsible nor oe nes to be in default on account of delays in performance due to eases
which are beyond Dealer's control which make Dealer’s performance impracticable, including but not limited to civil wars,
msurrections, strikes, riots, fires, storms, floods, other acts bFnature, explosions, earthquakes, accidents, any act of government,
delays in transportation, inability to obtain necessary labor supplies or manufacturing facilities, allocation regulations or orders

affecting materials, equipment, facilities or completed products, failure fo obtain any required license or certificates, acts of Gad
or the public enemy or terrorism, failure of transportation, epidemics, quarantine restrictions, failure of vendors (due to causes
similar to those within the scope of this clause) to perform their contracts or labor troubles causing cessatidn, slowdown, or
interruption of work,

13. Default. The occurrence of one or more of the following shall constitute a default under this Agreement: (a) the c ‘ustomer
fails to pay when due any amounts under this Agreement or to perform any of its obligations under this Agreement; (b) Dealer
fails to perform any of its obligations under this Agreement; {c) either party becomes insolvent or become subject to a ban akruptcy
or msolvency proceedings; (d) any representation made by either party to induce the other to enter into this Agreement i is false
in any material respect; (e) the Customer dissolves, merges, consolidates or transfers a substantial portion of its property to
another entity; or 4} the Customer-is in default or has breached any other contract or agreement with Dealer.

i4. Manufacturer’s Statement of Origin/Security Interest. It is agreed that the manufacturer’s statement of origin (“MSO”) for
the Product covered by this Agreement shall remain in the possession of Dealer until the entire Purchase Price has been paid.
more than one Product is covered by this Agreement, then the MSO for each individual Product shall remain in the possession
of Dealer until the Purchase Price for that Product has been paid in full. In case of any defauli in payment, Dealer may take full
possession of the Product by any lawful means and shall be entitled to any additional damages sustained by the Dealer, including,
but not limited to, reasonable attorney’s fees and costs.

13. Indernnity. To the extent permitted by law, Customer shall indemnify, defend and hold harmless Dealer arid all of its officers
directors, employees, representatives, dealers, agents and subcontractors, from and against any and all claims, casts, judgmer
hability, loss, damage, attorneys’ fees or expenses of any kind or nature whatsoever (including, bat without limitation. relath
to personal injury or death) caused by, resulting from, arising out of or occurring directly or indirectly in connection with
Customer's purchase, operation, ow nership, installation or use of any items (including, without limitation, the Apparatus} sold or
supplied by Dealer, except only to the extent caused by the sole negligence of Dealer.

t
al

legislative act action, only such provision, ot part rthereot, so deel sted i invalid ‘shal ve affected, and all other provisions nat consistent
therewith or directly dependent thereon shall remain im force and effect.

%

i?, Independent Contractors. The relationship of the parties established under this Agreement is that of independent contractors

and neither party is a parmner, employee, agent, or joint venture of or with the other.

18. Assignment. Neither party may assign its rights and obligations under this Agreement unless it has obtained the prior written
approval of the other party.