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Displaying 29361 - 29370 of 38765

Finance Committee - Agenda - 10/8/2019 - P14

By dnadmin on Mon, 11/07/2022 - 13:03
Document Date
Fri, 10/04/2019 - 13:46
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Tue, 10/08/2019 - 00:00
Page Number
14
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__100820…

10.

H.

as described above within 30 days, the parties may request that the dispute be submitted to the
Board of Public Works for resolution. Ifthe parties are dissatisfied with the decision of the Board
of Public Works, the parties’ reserve the right to pursue any available legal and/or equitable
remedies for any breaches of this contract except as that right may be limited by the terms of this
contract.

NO DAMAGES FOR DELAY Apart from a written extension of time, no payment, compensation,
or adjustment of any kind shall be made to Independent Contractor for damages because of
hindrances or delays in the progress of the work from any cause, and Independent Contractor
agrees to accept in full satisfaction of such hindrances and delays any extension of time that the
City of Nashua may provide.

INSURANCE Independent Contractor shall carry and maintain in effect during the performance of
services under this contract:

> General Liability insurance in the amount of $1,000,000 per occurrence; 52,000,000
aggregate;

> $1,000,000 Combined Single Limit Automobile Liability; Coverage must include all
owned, non-owned and hired vehicles ; and

> Workers' Compensation Coverage in compliance with the State of New Hampshire
statutes, $100,000/3500,000/5100,000.

Independent Contractor shall maintain in effect at all times during the performance under this
contract all specified insurance coverage with insurers. None of the requirements as to types
and limits to be maintained by Independent Contractor are intended to and shall not in any
manner limit or qualify the liabilities and obligations assumed by Independent Contractor under
this contract. The City of Nashua shall not maintain any insurance on behalf of Independent
Contractor. Subcontractors are subject to the same insurance requirements as Independent
Contractor and it shall be the Independent Contractor’s responsibility to ensure compliance of
this requirement.

Independent Contractor will provide the City of Nashua with certificates of insurance for
coverage as listed below and endorsements affecting coverage required by the contract. The
City of Nashua requires thirty days written notice of cancellation or material change in
coverage. The certificates and endorsements for each insurance policy must be signed by a
person authorized by the insurer and who is licensed by the State of New Hampshire. General
Liability and Auto Liability policies must name the City of Nashua as an additional
insured and reflect on the certificate of insurance. Independent Contractor is responsible for
filing updated certificates of insurance with the City of Nashua’s Risk Management Department
during the life of the contract.

>» All deductibles and self-insured retentions shall be fully disclosed in the certificate(s) of
insurance,

>» The specified insurance requirements do not relieve Independent Contractor of its
responsibilities or limit the amount of its liability to the City of Nashua or other persons,
and Independent Contractor is encouraged to purchase such additional insurance, as it
deems necessary.

>» The insurance provided herein is primary, and no insurance held or owned by the City of
Nashua shall be called upon to contribute to a loss.

GC 6 of 11

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Finance Committee - Agenda - 10/8/2019 - P14

Finance Committee - Agenda - 10/8/2019 - P15

By dnadmin on Mon, 11/07/2022 - 13:03
Document Date
Fri, 10/04/2019 - 13:46
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Tue, 10/08/2019 - 00:00
Page Number
15
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__100820…

12.

13.

14,

15.

>» Independent Contractor is responsible for and required to remedy ail damage or loss to
any property, including property of the City of Nashua, caused in whole or part by
Independent Contractor or anyone employed, directed, or supervised by Independent
Contractor.

> The insurance provided herein is primary, and no insurance held or owned by the City
of Nashua shall be called upon to contribute to a loss.

>» — Independent Contractor is responsible for and required to remedy all damage or loss to
any property, including property of the City of Nashua, caused in whole or part by
Independent Contractor or anyone employed, directed, or supervised by Independent
Contractor

INDEMNIFICATION Regardless of any coverage provided by any insurance, Independent
Contractor agrees to indemnify and hold harmless the City of Nashua, its agents, officials,
employees and authorized representatives and their employees from and against any and all suits,
causes of action, legal or administrative proceedings, arbitrations, claims, demands, damages,
liabilities, interest, attormey’s fees, costs and expenses of any kind or nature in any manner
caused, occasioned, or contributed to in whole or in part by reason of any negligent act, omission,
or fault or willful misconduct, whether active or passive, of Independent Contractor or of anyone
acting under its direction or control or on its behalf in connection with or incidental to the
performance of this contract. Independent Contractor’s indemnity and hold harmless obligations,
or portions thereof, shall not apply to liability caused by the sole negligence or willful misconduct
of the party indemnified or held harmless.

FISCAL CONTINGENCY All payments under this contract are contingent upon the availability to
the City of Nashua of the necessary funds. This contract shall terminate and the City of Nashua's
obligations under it shall be extinguished at the end of any fiscal year in which the City of Nashua
fails to appropriate monies for the ensuing fiscal year sufficient for the performance of this
contract.

Nothing in this centract shall be construed to provide Independent Contractor with a right of
payment over any other entity. Any funds obligated by the City of Nashua under this contract
that are not paid to Independent Contractor shall automatically revert to the City of Nashua’s
discretionary control upon the completion, termination, or cancellation of the agreement. The
City of Nashua shall not have any obligation to re-award or to provide, in any manner, the
unexpended funds to Independent Contractor. Independent Contractor shall have no claim of any
sort to the unexpended funds.

COMPENSATION Review by the City of Nashua of Independent Contractor's submitted monthly
invoice forms and progress reports for payment will be promptly accomplished by the City of
Nashua. If there is insufficient information, the City of Nashua may require Independent
Contractor to submit additional information. Unless the City of Nashua, in its sole discretion,
decides otherwise, the City of Nashua shall pay Independent Contractor in full within 30 days of
approval of the submitted monthly invoice forms and progress reports.

COMPLIANCE WITH APPLICABLE LAWS Independent Contractor, at all times, shall fully and
completely comply with all applicable local, state and federal laws, statutes, regulations,
ordinances, orders, or requirements of any sort in carrying out the obligations of this contract,
including, but not limited to, all federal, state, and local accounting procedures and requirements,
all immigration and naturalization laws, and the Americans With Disabilities Act. Independent
Contractor shall, throughout the period services are to be performed under this contract, monitor
for any changes to the applicable laws, statutes, regulations, ordinances, orders, or requirements,
shall promptly notify the City of Nashua in writing of any changes to the same relating to or
affecting this contract, and shall submit detailed documentation of any effect of the change in
terms of both time and cost of performing the contract.

GC 7 of 14

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Finance Committee - Agenda - 10/8/2019 - P15

Finance Committee - Agenda - 10/8/2019 - P16

By dnadmin on Mon, 11/07/2022 - 13:03
Document Date
Fri, 10/04/2019 - 13:46
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Tue, 10/08/2019 - 00:00
Page Number
16
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__100820…

16.

17.

18.

19,

NONDISCRIMINATION If applicable or required under any federal or state law, statute, regulation,
order, or other requirement, Independent Contractor agrees to the following terms. Independent
Contractor will not discriminate against any employee or applicant for employment because of
physical or mental handicap in regard to any position for which the employee or applicant for
employment is qualified. Independent Contractor agrees to take affirmative action to employ,
advance in employment, or to otherwise treat qualified, handicapped individuals without
discrimination based upon physical or mental handicap in all employment practices, including but
not limited to the following: employment, upgrading, demotion, transfer, recruitment,
advertising, layoff, termination, rates of pay, or other forms of compensation and selection for
training, including apprenticeship.

Without limitation of the foregoing, Independent Contractor's attention is directed to Title
41”Public Contracts and Property Management” C.F.R. Subtitle B “Other Provisions Relating to
Public Contracts” Section 60 “Office of Federal Contract Compliance Programs, Equal
Employment, Department of Labor” which, by this reference, is incorporated in this contract.

Independent Contractor agrees to assist disadvantaged business enterprises in obtaining business
opportunities by identifying and encouraging disadvantaged suppliers, consultants, and sub
consultants to participate to the extent possible, consistent with their qualification, quality of
work, and obligation of Independent Contractor under this contract.

In connection with the performance of work under this contract, Independent Contractor agrees
not to discriminate against any employee or applicant for employment because of race, creed,
color, national origin, sex, age, or sexual orientation. This agreement includes, but is not limited
to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship,

Independent Contractor agrees, if applicable, to insert these provisions in all subcontracts, except
for subcontracts for standard commercial supplies or raw materials. Any violation of any
applicable provision by Independent Contractor shall constitute a material breach of the contract.

ENDORSEMENT Independent Contractor shall seal and/or stamp and sign professional documents
including drawings, plans, maps, reports, specifications, and other instruments of service prepared
by Independent Contractor or under its direction as required under the laws of the State of New
Hampshire.

ASSIGNMENT, TRANSFER, DELEGATION, OR SUBCONTRACTING Independent Contractor shall
not assign, transfer, delegate, or subcontract any rights, obligations, or duties under this contract
without the prior written consent of the City of Nashua. Any such assignment, transfer,
delegation, or subcontracting without the prior written consent of the City of Nashua is void. Any
consent of the City of Nashua te any assignment, transfer, delegation, or subcontracting shall only
apply to the incidents expressed and provided for in the written consent and shall not be deemed
to be a consent to any subsequent assignment, transfer, delegation, or subcontracting. Any such
assignment, transfer, delegation, or subcontract shall require compliance with or shall incorporate
all terms and conditions set forth in this agreement, including all incorporated Exhibits and
written amendments or modifications. Subject to the foregoing provisions, the contract inures to
the benefit of, and is binding upon, the successors and assigns of the parties.

CITY INSPECTION OF CONTRACT MATERIALS The books, records, documents and accounting
procedures and practices of Independent Contractor related to this contract shall be subject to
inspection, examination and audit by the City of Nashua, including, but not limited to, the
contracting agency, the Board of Public Works, Corporation Counsel, and, if applicable, the
Comptroller Generai of the United States, or any authorized representative of those entities.

GCB8ofll

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Finance Committee - Agenda - 10/8/2019 - P16

Finance Committee - Agenda - 10/8/2019 - P17

By dnadmin on Mon, 11/07/2022 - 13:03
Document Date
Fri, 10/04/2019 - 13:46
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Tue, 10/08/2019 - 00:00
Page Number
17
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__100820…

20. DISPOSITION OF CONTRACT MATERIALS Any books, reports, studies, photographs, negatives or

at.

other documents, data, drawings or other materials, including but not limited to those contained in
media of any sort (e.g., electronic, magnetic, digital) prepared by or supplied to Independent
Contractor in the performance of its obligations under this contract shall be the exclusive property
of the City of Nashua and all such materials shall be remitted and delivered, at Independent
Contractor's expense, by Independent Contractor to the City of Nashua upon completion,
termination, or cancellation of this contract. Alternatively, if the City of Nashua provides its
written approval to Independent Contractor, any books, reports, studies, photographs, negatives or
other documents, data, drawings or other materials including but not limited to those contained in
media of any sort (e.g., electronic, magnetic, digital) prepared by or supplied to Independent
Contractor in the performance of its obligations under this contract must be retained by
Independent Contractor for a minimum of four years after final payment is made and all other
pending matters are closed. If, at any time during the retention period, the City of Nashua, in
writing, requests any or all of the materials, then Independent Contractor shall promptly remit and
deliver the materials, at Independent Contractor's expense, to the City of Nashua. Independent
Contractor shall not use, willingly allow or cause to have such materials used for any purpose
other than the performance of Independent Contractor's obligations under this contract without
the prior written consent of the City of Nashua.

PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS Independent Contractor expressly agrees
that all documents ever submitted, filed, or deposited with the City of Nashua by Independent
Contractor (including those remitted to the City of Nashua by Independent Contractor pursuant to
paragraph 20), unless designated as confidential by a specific statue of the State of New
Hampshire, shall be treated as public records and shall be available for inspection and copying by
any person, or any governmental entity.

No books, reports, studies, photographs, negatives or other documents, data, drawings or other
materials including but not limited to those contained in media of any sort (e.g., electronic,
magnetic, digital) prepared by or supplied to Independent Contractor in the performance of its
obligations under this contract shall be the subject of any application for a copyright or patent by
or on behalf of Independent Contractor. The City of Nashua shall have the right to reproduce any
such materials.

Independent Contractor expressly and indefinitely waives all of its rights to bring, including but
not limited to, by way of complaint, interpleader, intervention, or any third party practice, any
claims, demands, suits, actions, judgments, or executions, for damages or any other relief, in any
administrative or judicial forum, against the City of Nashua or any of its officers or employees, in
either their official or individual capacity of the City of Nashua, for violations of or infringement
of the copyright or patent laws of the United States or of any other nation. Independent
Contractor agrees to indemnify, to defend, and to hold harmless the City of Nashua, its
representatives, and employees from any claim or action seeking to impose liability, costs, and
attomey fees incurred as a result of or in connection with any claim, whether rightful or
otherwise, that any material prepared by or supplied to Independent Contractor infringes any
copyright or that any equipment, material, or process (or any part thereof) specified by
Independent Contractor infringes any patent.

Independent Contractor shall have the right, in order to avoid such claims or actions, to substitute
at its expense non-infringing materials, concepts, products, or processes, or to modify such
infringing materials, concepts, products, or processes so they become non-infringing, or to obtain
the necessary licenses to use the infringing materials, concepts, products, or processes, provided
that such substituted or modified materials, concepts, products, or processes shall meet all the
requirements and be subject to all the terms and conditions of this contract.

GC 9 of ll

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Finance Committee - Agenda - 10/8/2019 - P17

Finance Committee - Agenda - 10/8/2019 - P18

By dnadmin on Mon, 11/07/2022 - 13:03
Document Date
Fri, 10/04/2019 - 13:46
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Tue, 10/08/2019 - 00:00
Page Number
18
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__100820…

22.

23.

24.

25,

26.

FINAL ACCEPTANCE Upon completion of all work under the contract, Independent Contractor
shail notify the City of Nashua in writing of the date of the completion of the work and request
confirmation of the completion from the City of Nashua. Upon receipt of the notice, the City of
Nashua shall confirm to Independent Contractor in writing that the whole of the work was
completed on the date indicated in the notice or provide Independent Contractor with a written
list of work not completed. With respect to work listed by the City of Nashua as incomplete,
Independent Contractor shall promptly complete the work and the final acceptance procedure
shall be repeated. The date of final acceptance of a project by the City of Nashua shall be the date
upon which the Board of Public Works or other designated official accepts and approves the
notice of completion.

TAXES Independent Contractor shall pay all taxes, levies, duties, and assessments of every
nature due in connection with any work performed under the contract and make any and all
payroll deductions required by law. The contract sum and agreed variations to it shall include all
taxes imposed by law. Independent Contractor hereby indemnifies and holds harmless the City of
Nashua from any liability on account of any and all such taxes, levies, duties, assessments, and
deductions.

NON-WAIVER OF TERMS AND CONDITIONS None of the terms and conditions of this contract
shall be considered waived by the City of Nashua. There shall be no waiver of any past or future
default, breach, or modification of any of the terms and conditions of the contract unless
expressly stipulated to by the City of Nashua in a written waiver.

RIGHTS AND REMEDIES The duties and obligations imposed by the contract and the rights and
remedies available under the contract shall be in addition to and not a limitation of any duties,
obligations, rights, and remedies otherwise imposed or available by law.

PROHIBITED INTERESTS Independent Contractor shal} not allow any officer or employee of the
City of Nashua to have any indirect or direct interest in this contract or the proceeds of this
contract. Independent Contractor warrants that no officer or employee of the City of Nashua has
any direct or indirect interest, whether contractual, noncontractual, financial or otherwise, in this
contract or in the business of Independent Contractor. If any such interest comes to the attention
of Independent Contractor at any time, a full and complete disclosure of the interest shall be
immediately made in writing to the City of Nashua. Independent Contractor also warrants that it
presently has no interest and that it will not acquire any interest, direct or indirect, which would
conflict in any manner or degree with the performance of services required to be performed under
this contract. Independent Contractor further warrants that no person having such an interest shall
be employed in the performance of this contract. If City of Nashua determines that a conflict
exists and was not disclosed to the City of Nashua, it may terminate the contract at will or for
cause in accordance with paragraph 8.

In the event Independent Contractor (or any of its officers, partners, principals, or employees
acting with its authority) is convicted of a crime involving a public official arising out or in
connection with the procurement of work to be done or payments to be made under this contract,
City of Nashua may terminate the contract at will or for cause in accordance with paragraph 8.
Upon termination, Independent Contractor shalt refund to the City of Nashua any profits realized
under this contract, and Independent Contractor shall be liable to the City of Nashua for any costs
incurred by the City of Nashua in completing the work described in this contract. At the
discretion of the City of Nashua, these sanctions shall also be applicable to any such conviction
obtained after the expiration or completion of the contract.

GC 10 of 11

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Finance Committee - Agenda - 10/8/2019 - P18

Finance Committee - Agenda - 10/8/2019 - P19

By dnadmin on Mon, 11/07/2022 - 13:03
Document Date
Fri, 10/04/2019 - 13:46
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Tue, 10/08/2019 - 00:00
Page Number
19
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__100820…

27,

28.

29.

30.

31,

Independent Contractor warrants that no gratuities (including, but not limited to, entertainment or
gifts) were offered or given by Independent Contractor to any officer or employee of the City of
Nashua with a view toward securing a contract or securing favorable treatment with respect to the
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 rernedies 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 ornitted, 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
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 il of 11

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Finance Committee - Agenda - 10/8/2019 - P19

Finance Committee - Minutes - 10/2/2019 - P1

By dnadmin on Mon, 11/07/2022 - 13:03
Document Date
Wed, 10/02/2019 - 00:00
Meeting Description
Finance Committee
Document Type
Minutes
Meeting Date
Wed, 10/02/2019 - 00:00
Page Number
1
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_m__100220…

REPORT OF THE FINANCE COMMITTEE

OCTOBER 2, 2019

A meeting of the Finance Committee was held on Wednesday, October 2, 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 Patricia Klee
Alderman June M. Caron
Alderman Linda Harriott-Gathright
Alderwoman-at-Large Shoshanna Kelly

Also in Attendance: Dan Kooken, Purchasing Manager
John Griffin, CFO/Comptroller

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: Mayor Jim Donchess
Re: Emergency PO Change Order Request — Change Order 3 for Energy Recovery Upgrade for WWTF
for $10,710

MOTION BY ALDERWOMAN KELLY TO ACCEPT, PLACE ON FILE AND AUTHORIZE THE EMERGENCY
CHANGE ORDER 3 FOR ENERGY RECOVERY UPGRADE FOR WASTEWATER TREATMENT FACILITY
IN AN AMOUNT OF $10,710 TO METHUEN CONSTRUCTION

MOTION CARRIED

From: Mayor Jim Donchess
Re: Emergency PO Change Order Request — Change Order 2 for Water Booster Station Project for
WWTF for $24,765

MOTION BY ALDERWOMAN TO ACCEPT, PLACE ON FILE AND AUTHORIZE THE EMERGENCY
PURCHASE ORDER CHANGE ORDER 2 FOR THE WATER BOOSTER STATION PROJECT FOR
WASTEWATER TREATMENT FACILITY IN AN AMOUNT OF $24,765 TO T. BUCK CONSTRUCTION, INC.
MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: NPD HVAC Repairs System Upgrades — Professional MEP Engineering Services (Value: $217,500)
Department: 150 Police; Fund: Capital Improvement

MOTION BY ALDERWOMAN KELLY TO ACCEPT, PLACE ON FILE AND AWARD THE CONTRACT TO
YEATON ASSOCIATES, INC. IN THE AMOUNT OF $217,500 FOR ENGINEERING SERVICES FOR NPD
HVAC REPAIRS SYSTEM UPGRADES. SOURCE OF FUNDING IS DEPARTMENT 150, POLICE; FUND
CAPITAL IMPROVEMENT

Page Image
Finance Committee - Minutes - 10/2/2019 - P1

Finance Committee - Minutes - 10/2/2019 - P2

By dnadmin on Mon, 11/07/2022 - 13:03
Document Date
Wed, 10/02/2019 - 00:00
Meeting Description
Finance Committee
Document Type
Minutes
Meeting Date
Wed, 10/02/2019 - 00:00
Page Number
2
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_m__100220…

Finance Committee - 10/02/2019 Page 2
ON THE QUESTION

Mayor Donchess

| believe we have a couple people from the PD in case you'd like to, why don’t you just come on up? There
may not be any questions but at least you get to say hello. Just sit down in the chairs, that’d be good. I’m not
sure everyone has heard about this project, so maybe just tell us a little about it.

David Bailey, Captain Nashua Police Department

Thank you. My name is David Bailey, I’m a Captain with Nashua Police Department. | will try and make this
brief but it is a project going back, starting in 1977. Obviously our original building was built in 1977; it was a
water source heat pump system. In 2000 or 1999 the Department doubled in size; they put an addition on. At
that time, the HVAC for that addition was a totally separate system, it’s called an invariable air volume system.
So the Department has been working on two different systems. In 2005 we had some modifications that were
completed by a mechanical engineering company called SMRT. What they did was they upgraded all the
1977, they call them water source heat pumps systems, they are separate pumps there are 47 of them in the
building along with some piping and some other exhaust upgrades.

In November 2018 we contracted with SMRT to come up and do a HVAC assessment of the Department
system once again. Part of this was due to areas of the building that had been failing; for instance we had a
cooler tower on the building that would cool the air before it would enter the building and hit these water source
heat pumps. That broke and was condemned so when the water, I’m sorry, when the air enters the building it
is not coming in at 80 degrees and hitting those, it’s coming in at whatever the outside air is. If it's 105 outside
it’s hitting those things which is causing the compressors to break and break down so we are having to replace
those on a quicker basis than we anticipated.

We also had concerns about range safety, especially our officers that had been working down there. They get
tested for lead and their lead levels had tested very high. Part of the concern was that the original 1977 portion
also, on top of the water source heat pump, had HVAC for the range as well as the heating for the garage
system for the mechanics. So we had a report done by SMRT and we also had a separate report done by a
company out of Illinois called Carey’s Small Arm Range Ventilation Systems. SMRT did the whole building;
Carey’s concentrated on the range itself. They both recommended upgrades and repairs to the system;
Carey’s recommended the whole range be upgraded and replaced. SMRT came out with a lot of upgrades
and repairs. Basically everything that was built in 1977 is past its life expectancy and should be upgraded and
replaced.

On top of that, the water source heat pumps that were added in 2005 they all carry refrigerant called R22: eight
years ago R22 was basically prohibited by the Federal Government. In 2020 you will no longer be able to
purchase or import R22. So all of those systems that we have currently have the R22 refrigerant in them. That
also affected the addition in 1999 because of those variable air handlers also run R22. After we got a report
from both of them and | had cost estimates for the upgrades and repairs in July of 2019 we solicited bids for an
architectural engineering firm to come in and design plans and drawings based on the construction
management project based off of SMRT and Carey’s Small Arm Range report. We did a pre-bid walk through;
the only company that showed up was Eaton & Associates Incorporated. They submitted a proposal which we
received for that amount, the $217,500.00. It is broken down architectural drafting, schematic design, design
developments, contract questions, bid questions, basically bid preparation for the construction itself and then
construction administration to see the project all the way through to the end.

On top of that we met with the owner of the company, Wayne Fillion, and the mechanical engineer manager in
August of 2019, Ryan Nealley and discussed their proposal along with members of NPD and Finance to make
sure that even though we only received one proposal that we understood what exactly their proposal was
going to be. They also provided 5 references which was part of the bid process.

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Finance Committee - Minutes - 10/2/2019 - P2

Finance Committee - Minutes - 10/2/2019 - P3

By dnadmin on Mon, 11/07/2022 - 13:03
Document Date
Wed, 10/02/2019 - 00:00
Meeting Description
Finance Committee
Document Type
Minutes
Meeting Date
Wed, 10/02/2019 - 00:00
Page Number
3
Image URL
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Finance Committee - 10/02/2019 Page 3
| interviewed 4 of the 5, | had trouble tracking down one of the gentlemen, so | spot checked two other ones
including NFR Project that is currently going on. | spoke with the Deputy Chief regarding their project.

Everybody had very positive reviews, long term work with Eaton & Associates, | didn’t receive any negative
feedback on the company and the firm itself.

Mayor Donchess

Already well thank you. Any questions or discussion?

Alderman Laws

Just coincidentally one of your employees at NPD was at my house earlier today and | ran this by him and he

said that it was necessary. | don’t quote him directly but something that to the effect that people are dropping

like flies in there. So | support this 100%.

MOTION CARRIED

From: Dan Kooken, Purchasing Manager

Re: Contract for Purchase of Winter Road Salt (Value: $455,000) Department: 161 Streets; Fund:
General

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

GRANITE STATE MINERALS, INC. AND EASTERN MINERALS, INC. INEQUAL AMOUNTS OF $227,500

FOR A TOTAL OF $455,000 FOR WINTER ROAD SALT. SOURCE OF FUNDING IS DEPARTMENT 161

STREETS; FUND: GENERAL —- 61 SUPPLIES AND MATERIALS

ON THE QUESTION

Alderman O’Brien

Just a comment, here we go, that time of year again.

MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: 2019 Pipeline Assessment Project (Value: $154,600) Department: 169 Wastewater; Fund: Bond

MOTION BY ALDERWOMAN KELLY TO ACCEPT, PLACE ON FILE AND AWARD THE CONTRACT TO
TED BARRY COMPANY, LLC IN AN AMOUNT OF $154,600 FOR THE 2019 PIPELINE ASSESSMENT
PROJECT. SOURCE OF FUNDING IS DEPARTMENT 169 WASTEWATER; FUND: BOND

ON THE QUESTION

Mayor Donchess

And we have our Assistant City Engineer here. Maybe you could tell us a little bit about this one?

Peter Kohalmi, Deputy City Engineer

Good evening, my name is Pete Kohalmi, Deputy City Engineer. So we know we have a lot of bad pipes, bad
sewer pipes. We don’t know exactly where, well we have a pretty good idea of where, but we don’t know
exactly how bad the condition of them is. So we are looking to hire this Company, Ted Barry to video some of
the suspect sewer lines.

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Finance Committee - Minutes - 10/2/2019 - P3

Finance Committee - Minutes - 10/2/2019 - P4

By dnadmin on Mon, 11/07/2022 - 13:03
Document Date
Wed, 10/02/2019 - 00:00
Meeting Description
Finance Committee
Document Type
Minutes
Meeting Date
Wed, 10/02/2019 - 00:00
Page Number
4
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_m__100220…

Finance Committee - 10/02/2019 Page 4

So they will clean the sewer pipe out a little bit with a water jet and they will put a remote camera down the
pipe. After they get the video, they send it to our Department for review. | think we are looking to video 60,000
linear feet which should identify quite a bit of old sewers that need rehab or replacement.

Alderman O’Brien

This company, will they check the diameter of the pipes, what | mean the pipe itself, it is going to for
tuberculation and wear and tear and everything else that’s in the pipe, but it also check the thickness of the
wall of the piping and make a judgement on that?

Mr., Kohalmi

No it is just a video, you really can’t tell the thickness of the pipe but from the video you can get a really good
idea of the condition of the pipe.

Alderman O’Brien

Ok.

Alderman Caron

Yes thank you. Can you tell me what part of the City we are looking at?
Mr. Kohalmi

The inner city.

Alderman Caron

So Ward 4, 5.

Mayor Donchess

7.

Alderman Caron

7 — because | know we have had some real issues this year.
Mr. Kohalmi

Yeah the downtown area probably | think most of it is going to be on the West Side of Main Street. Most of the
work is probably going to be within 20 blocks of City Hall.

Alderman Caron

OK.

Alderman O’Brien

Yeah thank you Mr. Mayor and a follow up, because of those Wards it is not, basically it is a combination

system not like there is no drainage to it. So this has been there, I’ve bet you’ve got some pipes that have
been there since 1800's.

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