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awarding or amending or making of any determinations with respect to the performance of this
contract. If City of Nashua determines that such gratuities were or offered or given, it may
terminate the contract at will or for cause in accordance with paragraph 8.

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 Professional Engineer,
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 Professional Engineer.

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 Professional Engineer. 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
parties.

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 3

REPORT OF THE FINANCE COMMITTEE

MAY 15, 2019

A meeting of the Finance Committee was held on Wednesday, MAY 15, 2019, at 7:01 p.m. in the Aldermanic
Chamber.

Alderman-at-Large Michael B. O’Brien, Vice Chairman, presided.

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

Members not in Attendance: Mayor Jim Donchess, Chairman
Also in Attendance: Dan Kooken, Purchasing Manager

John Griffin, CFO/Comptroller
Tim Cummings, Director of Economic Development

PUBLIC COMMENT - None
COMMUNICATIONS

From: Mayor Jim Donchess
Director Tim Cummings, Economic Development
Re: Notice of Change in Contract for AECOM Engineering Services Relative to Studying Passenger Rail’

There being no objection, Vice Chairman O’Brien accepted the communication and placed it on file

From: Dan Kooken, Purchasing Manager
Re: Transit Bio-Diesel Fuel

MOTION BY ALDERWOMAN KELLY TO ACCEPT, PLACE ON FILE AND, CONTINGENT UPON BOARD
OF ALDERMEN APPROVAL, AWARD THE CONTRACT TO DENNIS K. BURKE, INC., FOR AN
ESTIMATED ANNUAL AMOUNT OF $25,000. FUNDS ARE AVAILABLE IN DEPARTMENT 186,
TRANSPORTATION; FTA GRANT

MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: Public Health Building Renovation Design Services

MOTION BY ALDERWOMAN KELLY TO ACCEPT, PLACE ON FILE AND AWARD THE CONTRACT TO
DENNIS MIRES, PA, THE ARCHITECTS, IN THE AMOUNT OF $143,700. SOURCE OF FUNDING IS
DEPARTMENT 183, ECONOMIC DEVELOPMENT; PUBLIC HEALTH BUILDING RENOVATION BONDS
ON THE QUESTION

Vice Chairman O’Brien

Mr. Cummings, can you give us just a brief overview if you would please.

Finance Committee - 5/15/2019 Page 2
Tim Cummings, Director of Economic Development

What’s before you is a contract for design services. The contract is for $143,000. However, | felt it prudent
that we actually only engage Dennis Mires to get us through a certain level of design, which is approximately
$24,000. Then we can re-evaluate as to where we ultimately want to go with the project. We have
approximately $2.5 million authorized for this renovation of the public health building on Mulberry Street.

What the scope currently entails is pretty much work that would be on the envelope of the building. That would
be doors, windows, roof, HVAC. The larger ticket items to keep the building healthy and in good shape. This
has been a project that has been on our radar for quite a while. | am anxious to get design underway if the
committee sees fit to approve this contract.

What | would do in tandem with the design element that would be occurring this spring is go out for a
construction management services as well so we could have a construction manager procured when we finish
up that early stage of design. If it is looking as though we are hitting within striking distance of that $2.5 million,
we can continue the conversation or look to re-evaluate the project in some way. | felt that was the best and
most strategic way to approach this project at this point.

Alderman Harriott-Gathright

Does this design include the handicap need?

Mr. Cummings

This does include making the building ADA accessible, which in particular would have an elevator component
which would be an exterior addition to the rear of the building. That is what is currently being contemplated for
the design as well as all the other elements that | referenced just a few moments ago.

Alderwoman Kelly

We are engaging to address the design services but this certain firm can also do the construction, is that what
you are saying?

Mr. Cummings

Yes. They have been procured to do construction administration. That is a check and balance on your
construction manager which would be a whole separate entity that would work in conjunction with the architect
through the construction phase of the project.

Alderman Klee
Just a point of clarification that when you were talking about putting out a bid for a CM that would be a

construction manager, not this construction administration. That is something that is completely separate.
When you get approval to go for a design then you would be considering doing the CM.

Mr. Cummings

Correct, to make it as expeditious as possible so we have a Construction Manager onboard to evaluate the
cost estimates that the architect will be coming up with based off of the design.

Vice Chairman O’Brien
Being on the fire department, we used to go there for some of the things needed. It’s good to see the City has

now turned its attention to improve that campus. They provide a great asset to the community. | am very glad
we are focusing on that.

Finance Committee - 5/15/2019 Page 3
MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: 2019 Pavement Preservation Program—Crack Sealing

MOTION BY ALDERWOMAN KELLY TO ACCEPT, PLACE ON FILE AND AWARD THE CONTRACT

TO SEALCOATING INC. IN THE AMOUNT OF $143,865. FUNDS ARE AVAILABLE IN DEPARTMENT 160,
ADMINISTRATION/ENGINEERING; PAVING BONDS

ON THE QUESTION

Mark Saunders, Assistant Construction Engineer

The 2019 paving preservation program is our crack sealing. Crack sealing is applied to an applicant to prevent
moisture and water from penetrating and further degrading the roadway. Crack sealing would be applied on
roughly 31 miles of streets. It has been proven to add roadway life. Approximately three years is what you get
out of additional life out of a roadway when you crack seal. Also, it will increase the PCI of the roadway as well
as the PCI for the overall roadway network.

Alderman Klee

This is in conjunction with the paving bond that we have already done and it is kind of part of the whole paving
program of the city?

Mr. Saunders

It’s separate from the paving program. | think we have $300,000 left over to do this program, but it is all part of
the paving umbrella.

Alderman Klee

Does it fall under the bond that we currently have or is this what was left over from the previous year? | just
want to know if this is additional money.

John Griffin, CFO

The specific answer is it is all part of the bonding program. There may be leftover funds from prior years for
future expenditures, but it is all part of that process.

Vice Chairman O’Brien
| did through social media see somebody who did comment that it puts squiggles all over the place, but if it

saves our roads and our infrastructure many years from having to be resurfaced and get to the pot holes, it is
well worth it. So, good job.

Alderwoman Kelly
Have we used them in the past? Do we know who we used in the past?
Mr. Saunders

Last year we also used Sealcoating, Inc.

Finance Committee - 5/15/2019 Page 4

Alderwoman Kelly

And they did a good job?
Mr. Saunders

Yes.

MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: Purchase of Castings for the 2019 Paving Program

MOTION BY ALDERWOMAN KELLY TO ACCEPT, PLACE ON FILE AND AWARD THE CONTRACT
TO CONCORD WINWATER WORKS, CO., IN THE AMOUNT OF $194,866. SOURCE
OF FUNDING IS DEPARTMENT 169, WASTEWATER

Mr. Saunders

When we mil the road and adjust the castings, we use that opportunity to replace any broken, obsolete or any
catch basins or manhole covers that are no longer compliant. We like to replace them with standardized
OSHA compliant castings. This contract is for 460 catch basin frames, 400 catch basin grates, 460 manhole
frames and 360 sewer manhole covers. Throughout the program as we mil and take off the manhole covers,
we assess them and if they need replacement, we replace them. The old ones go to wastewater. At that point
if there is any uniqueness or they believe they can salvage it, they will use those. The triangles that you see
throughout the city, those are brought over to Parks and Recreation. | believe the historical society auction
those off because they do have some historical presence. Any galvanized catch basins are also replaced to
be bike friendly for the bike lanes.

Alderman Klee

| have a lot of the triangular ones in my area. | live on Maywood Drive. There was talk many, many years ago
about replacing all of those because of the safety issues. Those will all be replaced? Because they are very
small.

Mr. Saunders
Correct. As we go if there’s a triangular manhole they are replaced with the 36-inch circular.
MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: 2019 Sidewalk Program

MOTION BY ALDERWOMAN KELLY TO ACCEPT, PLACE ON FILE AND AWARD THE CONTRACT TO
TRI STATE CURB IN THE AMOUNT OF $47,150. FUNDS ARE AVAILABLE IN DEPARTMENT 160,
ADMINISTRATION/ENGINEERING; NORTHWEST QUADRANT FUND, SOUTHEAST QUADRANT FUND;
AND FY19 SIDEWALK CAPITAL FUNDS

Mr. Saunders

The 2019 sidewalk program proposes the sidewalk from Lutheran Drive to Dennis, which is approximately
1850 feet. In conjunction with that there is also a new proposed sidewalk on East Dunstable which is around
250 feet. We attempted to put a contract for the whole entire project. We only got one bidder, the Canterbury
Timber Company. They had a bid amount of $258,468.50. It was deemed that we did nto have the funding for

Finance Committee - 5/15/2019 Page 5

that so we moved to do the project in house, besides the curbing. We got in touch with Tri State Curbing for
the curb work.

MOTION CARRIED
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
APRIL 12, 2019 TO APRIL 25, 2019, AND FOR THE PERIOD APRIL 26, 2019 TO MAY 9, 2019

MOTION CARRIED

GENERAL DISCUSSION

PUBLIC COMMENT

REMARKS BY THE ALDERMEN
NON-PUBLIC SESSION — None
ADJOURNMENT

MOTION BY ALDERWOMAN KELLY TO ADJOURN
MOTION CARRIED

The Finance Committee meeting was adjourned at 7:17 p.m.

Alderwoman-at-Large Shoshanna Kelly
Committee Clerk

FINANCE COMMITTEE

MAY 15, 2019
7:00 pm Aldermanic Chamber
ROLL CALL
PUBLIC COMMENT

COMMUNICATIONS
From: Mayor Jim Donchess
Director Tim Cummings, Economic Development
Re: Notice of Change in Contract for AECOM Engineering Services Relative to Studying Passenger Rai:

From: Dan Kooken, Purchasing Manager
Re: _ Transit Bio-Diesel Fuel (Value Estimated $25,000); Department: 186 Transportation; Fund: FTA Grant

From: Dan Kooken, Purchasing Manager

Re: Public Health Building Renovation Design Services (Value: $143,000); Department: 183 Economic
Development; Fund: Bond

From: Dan Kooken, Purchasing Manager

Re: 2019 Pavement Preservation Program—Crack Sealing (Value: $143,865); Department: 160,
Administration/Engineering; Fund: Bond

From: Dan Kooken, Purchasing Manager

Re: Purchase of Castings for the 2019 Paving Program (Value: $194,866); Department: 169 Wastewater;
Fund: Wastewater

From: Dan Kooken, Purchasing Manager

Re: 2019 Sidewalk Program (Value: $47,150); Department: 160 Admin/Engineering; Fund: Northwest
Quadrant Fund, Southeast Quadrant Fund; and FY19 Sidewalk Capital Funds

UNFINISHED BUSINESS — None

NEW BUSINESS —- RESOLUTIONS — None

RECORD OF EXPENDITURES

GENERAL DISCUSSION

PUBLIC COMMENT

REMARKS BY THE ALDERMEN

POSSIBLE NON-PUBLIC SESSION

ADJOURNMENT

Jim Donchess
Mayor e City of Nashua

To: Finance Committee
From: James Donchess, Mayor — Tim Cummings, Economic Development Director
Date: May 6, 2019

Re: Notice of Change in Contract for AECOM Engineering Services Relative to Studying
Passenger Rail

The Office of Economic Development engaged AECOM Engineering due to its professional and
unique acumen relative to rail services expertise and knowledge specifically in the
Commonwealth of Massachusetts, but also with its familiarity with the State of New

Hampshire’s plan.

We engaged AECOM in an effort to position ourselves to help bring passenger rail services to
the City of Nashua in the spring of 2018 and after the creation of the local transit rail committee.
The contract is written to allow for scope specific on-call services as necessary to help bring
forward or analyze certain ideas and concepts or to provide technical assistance as necessary. We
engaged AECOM in a yearlong contract not to exceed $100,000 and to date we have only
committed $24,930 out of the $100,000.

This memo is being provided to update and provide notice to the Finance Committee that

AECOM’s contract is set to expire and is being extended to July 1, 2020.

229 Main Street * PO Box 2019 « Nashua, New Hampshire 03061-2019
603.589.3260 + fax 603.594.3450 * NashuaMayor@NashuaNH.gov
www. NashuaNH.gov

THE CITY OF NASHUA reese

Financial Services

Purchasing Department

ER 2 STN ATR SE REE IER AERO

rae acer RN a : PLA NN

May 9, 2019
Memo #19-147

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: TRANSIT BIO-DIESEL FUEL (VALUE ESTIMATED $25,000)
DEPARTMENT: 186 TRANSPORTATION; FUND: FTA GRANT

Please see attached communication to Mayor Jim Donchess from Camille Pattison, Transportation
Manager, dated May 1, 2019 for information related to this contract award.

Pursuant to § 5-78 Major purchases (greater than $10,000) A. All supplies and contractual services,
except as otherwise provided herein, when the estimated cost thereof shall exceed $10,000 shall be
purchased by formal, written contract from the lowest responsible bidder, after due notice inviting bids.

The Transportation Manager and the Purchasing Department recommend the award of the contract for
B5 Bio-Diesel at $2.4351 per gallon with an estimated amount of $25,000 for FY20 to Dennis K. Burke of
Taunton, MA.

Purchasing Manager

Ce: C. Pattison J. Graziano

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

Cc ity Devel t
City of Nashua Paring and Zoning
Community Development Division Gade Exrorcement
i i E ic Devel t
City Hall, 229 Main Street, PO Box 2019 CO Oe een in
Nashua, New Hampshire 03061-2019 Transit Department

589-3095
589-3090
589-3080
589-3100
589-3085
589-3070
589-3105
880-0100

www.gonashua.com

To: Dan Kooken, Purchasing Manager
From: Camille Pattison, Transportation Manager
Date: May 1, 2019

Re: FY20 Bio-Diesel Fuel Contract for Nashua Transit

For FY20 Nashua Transit went out to bid for a fixed rate price for bio-diesel fuel. The RFP was
posted on the City website under RFPO0464-0426219 and sent to five known biodiesel suppliers.
Three (3) bids were received as follows:

1. Santa Buckley Energy $2.3982 per gallon
2. Dennis K. Burke — $2.4351 per gallon
3. East River Energy — $2.5703 per gallon

Although Santa Buckley Energy was the lowest bidder, this vendor did not comply with bid
submittal requests, therefore eliminating them as a viable option for selection.

The Community Development Division recommends that the biodiesel contract be awarded to
Dennis K. Burke Inc., Tauton, MA, for a period of twelve months expiring on June 30, 2020 with
the option to extend for (1) year at the same price. Dennis K. Burke is a responsive and
responsible company.