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Graham, Donna

‘REESE AREER RN Re we |
To: Michael Buckley
Subject: RE: Curiew

From: Michael Buckley [mailto:michael.mtdq@gmail.com]

Sent: Wednesday, December 16, 2020 7:01 PM

To: Board of Aldermen

Subject: Curfew

CAUTION; This email came from outside of the organization. Do not click links‘open attachments if source is
unknown.

To President Lori Wilshire and the Board of Alderman

I am requesting to have this letter added to the discussion of the Restaurant Curfew in Nashua

The current proposal to enact a curfew in the city of Nashua is an action that will have a detrimental effect
that is targeted specifically at restaurant operators in the city of Nashua. The restaurant industry has been
dramatically impacted by the COVID crisis and there are many operators who are barely hanging on to their
businesses. Any additional actions such as this curfew could spell the end. If you have visited any restaurants
in Nashua over the past eight months you will see that the majority of operators have taken safety of their
staff and patrons very seriously and already have protocols in place that are far more stringent than many
other industries.

There has been no scientific hard data that has demonstrated restaurants and bars are super spreaders
of COVID. The NHLRA has requested this data from NH DHHS numerous times and there have been no studies
or evidence that can show COVID was spread in restaurants. Some of the unintended consequences of this
action include:

e Forcing patrons into restaurants in a shorter time period which will increase social contact during
the earlier hours

e Forcing gatherings at homes with no air exchange vs in restaurants & bars where there is the
highest level of air exchange and fresh air constantly being added. People are still going to get
together if there is a curfew.

e This is a targeted action that will only impact Nashua restaurants. This will encourage patrons to go
outside of Nashua to restaurants and bars that are not being restricted. This is detrimental to the
business owners in your city and gives them less of a chance of survival than similar properties not in
Nashua.

e Acurfew would only continue the narrative that restaurants are dangerous and will keep driving
business away. Restaurants that are following procedures are far more safe than your visit to your big
box store or grocery store where employees have no place readily available to wash their hands,
product is touched by numerous people, and sanitation of high touch areas are barely attended to.

We respectfully ask that you vote against enacting a curfew targeted at the small businesses in your own
community. ifthere are a few operators that are not following the proper protocols the action should be
against these specific operators not against the industry as a whole.

Thank You for your consideration
Michael T Buckley
Surf and MT's Restaurants Nashua NH

Graham, Donna

From: dj sparky <djsparky@gmail.com>
Sent: Thursday, December 17, 2020 6:29 PM
To: Board of Aldermen

Subject: Curfew

CAUTION: This email came from outside of the organization: “Do not click links/open attachments if source is
unknown.

Hello, just wanted to give my two cents.

I'm grown accustomed to generally well thought out management by elected officials in NH. I can't remember
ever secing something that made me question the general competency of anyone in a position of power.

This curfew idea is the first completely idiotic thing I've seen put forward.
I'm pro mask, pro vaccination and I've actually gotten covid so I take it very seriously.

This curfew just doesn't make any logical sense whatsoever. If these business are dangerous then they need to
be shut down period. Creating an arbitrary time that we're supposed to suddenly be at too much risk is the
dumbest idea I've heard. I mean it's California level stupid.

Either these business are safe to be open or they're not. If anything I'd say they're safer late at night as there's
less people cut and they tend to be younger/healthier.

I'm a centrist by nature and am very open to opposing political views, however I just couldn't ever vote for
someone that supported this measure, I will be keeping track and I will remember.

If you vote to shut indoor dining down entirely I can support that. I can't support this curfew though, it's really,
really, really stupid.

Thank you for your time
Russ Havrylik

28 Cortez Drive
Nashua

Graham, Donna

americas

From: Laurie Ortolano <laurieortolano@gqmail.com>

Sent: Friday, December 18, 2020 5:37 AM

To: Board of Aldermen

Subject: Input for the December 21, 2020 Meeting on Curfew

CAUTION: This email came trom outside of the organization. Do not click links/open attachments if source is
unknown.

input for the Board of Aldermen December 21, 2020 meeting
The Decision for a curfew

lam not in favor of a curfew unless it is applied citywide to all businesses and the data supports
that more cluster outbreaks are occurring after 9:30 pm.

lam not in favor of targeting a single or a few business sectors if there is science and data that
support there is community spread for a variety of factors.

Please provide the data for the breakdown of the all cluster outbreaks since tracking the spread of
the virus. This can be in general category form if confidentiality is an issue.

Is the city tracking how many businesses have closed temporarily or permanently due to COVID?
What does this data look like?

If the city wants to stop the spread and reduce the burden on the medical facilities because the
hospital and medical data supports this, then a citywide shutdown might be appropriate.

lam not in favor of a curfew unless it is applied citywide to all businesses and the data supports
that more cluster outbreaks are occurring after 9:30 PM.

Laurie Ortolano
41 Berkeley St.

THE CITY OF NASHUA “The Gate City"

Adwunistrative Services
Purchasing Department

December 10, 2020
Memo #21-064

TO: Mayor Donchess
Finance Committee

SUBJECT: Turbine Removal at Jackson Falls Dam in the amount of $2,664,500 funded from account
R-19-142 Bond

Please see attached communications from Sarah Marchant, Director of Community Development, dated
December 4, 2020 for project specific details related to this purchase. Below please find a summary of
the purchase approval request:

Item: Turbine, Generator & Controls Removal, Site Preparation & New Equipment
Installation

Value: $2,664,500

Vendor: Bancroft Contracting Corporation

Department: 181 Community Development
Source Fund: Bond authorized by R-19-142

Ordinance: Pursuant to § 5-84 Special purchase procedures. A/ (4) Sole-source
procurements, where the proposed purchase is manufactured by only one
company

The Community Development Division, and the Purchasing Department respectfully request your
approval of this contract.

Regards,
Kelly Parkinson

Purchasing Manager

Ce: S Marchant
J Graziano

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

Jim Donchess
Mayor e City of Nashua

To: Board of Aldermen

From: Mayor Jim Donchess

Date: December 9, 2020

Re: Contract in Excess of SIM Award — Turbine Removal at Jackson Falls Dam

Pursuant to NRO: § 5-74/B: E. Approval by the Finance Committee of a contract award in excess of
$1,000,000 shall be submitted to the full Board of Aldermen at its next regularly scheduled meeting
for final approval prior to award of the contract.

The Finance Committee has approved and placed on file the notification of the award of the
referenced contract at the December 16, 2020 meeting and as such | am requesting the full Board of
Alderman approve the following contract:

Item: Turbine, Generator & Controls Removal, Site Preparation & New
Equipment Installation
Value: $2,664,500
Vendor: Bancroft Contracting Corporation
Purchasing Memo#: 21-064 dated December 9, 2020
Contract Term: n/a
Thank you.

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

City of Nashua re ea a
Community Development Division Code Cnforcovnent 230.3100
City Hall, 229 Main Street, PO Box 2019 Ttaneportation Department 880-0100
Nashua, New Hampshire 03061-2019 eyatenays oo ei19

www.nashuanh.gov

Date: December 4, 2020
To: John Griffin, CFO; Kelly Parkinson, Purchasing Manager
From: Sarah Marchant, Community Development Division Director

Re: = Jackson Mills Turbine, Generator and Controls (TGC) Replacement

Background

The City of Nashua became the owner/operator of the Jackson Mills hydroelectric facility in
January of 2015, after the 30 year lease with the operator expired. This one megawatt facility
produces an average of 4,000,000 kwh of clean power per year which the City net meters to
maximize revenue. This facility was originally built in 1984 and as such is in need of
replacement of the turbine, generator and major controls. The project has been repaired twice
since 2015 in an attempt to keep it going until we can get started on a replacement.

The City has hired The HL Turner Group as the project engineer and has contracted with Mavel
Americas to fabricate the new turbine. The remaining requirement for the project is to hire the
General Contractor that will be responsible for removal of existing turbine, generator, and
controls; preparation of the site and Powerhouse for new equipment; and installation, startup and
testing of new equipment.

Bond Authorization

In preparation for the replacement the Mayor and Board of Aldermen passed R-19-142
authorizing the issuance of bond for improvements to both Mine Falls and Jackson Mills hydro
projects. The issuance of the bond specifically included a new turbine, generator and
replacement controls (TGC) at Jackson Mills.

General Contractor

Bancroft was part of the original installation team in the 1980’s and they are the only general
contracting firm in this region with expertise in hydro facilities. In addition, they have recently
completed work for Pennichuck who recommended Bancroft to the City. In accordance with
NRO 5-84 Special Purchase Procedures competitive bidding shall not be required for specialized
services when evaluated in the context of that NRO.

The City, in conversations with Essex Power Services and HL Turner, solicited Bancroft
Contracting as the general contractor for the project. In evaluating price, the City spoke with
Pennichuck who went out to bid for a major dam project. Bancroft was the lowest bidder on their
dam reconstruction project, which included similar highly specialized work to build coffer dams,
dewater and provide specialized construction services. Pennichuck reported that the project was
completed on time and budget. In addition to Pennichuck’s positive experience with Bancroft,
the team of professionals at Bancroft includes a number of the same staff who originally built

Jackson Mills Dam in the 1980s. Bancroft has extensive experience at this unique dam and
competitive pricing.

Timeline

The timeline of this project is extremely sensitive to completing the work in low flow conditions,
generally late summer into early fall. As such, part of selecting a general contractor is their
ability to deliver the installation during the summer and fall of 2021.

Attached is a high level scope of work Bancroft will provide. After many months of analysis the
Community Development Division recommends awarding the contract for the General
Contractor for the Jackson Mills Hydroelectric Turbine, Generator and Controls replacement to
Bancroft Contracting Corporation of South Paris, ME, in the amount of $2,664,500.

2|Page

STANDARD FORM OF AGREEMENT

BETWEEN OWNER AND CONTRACTOR

THIS AGREEMENT is dated as of the day of in the year 2020 by and between
the City of Nashua, New Hampshire (hereinafter called OWNER) and Bancroft Contracting Corporation
and its successors, transferees and assignees together (hereinafter called CONTRACTOR).

OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as
follows:

ARTICLE 1 - WORK
1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents.
ARTICLE 2 - THE PROJECT

2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is
generally described as follows:

The work is located at the Jackson Mills Hydroelectric project. The work includes removal of
existing turbine, generator, and controls: preparation of the site and Powerhouse for new equipment:
and installation, startup and testing of new equipment.

ARTICLE 3 - ENGINEER

3.01 The Project has been designed by: The HL Turner Group
27 Locke Road
Concord, NH 03301

who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and
responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in
connection with completion of the Work in accordance with the Contract Documents.

ARTICLE 4 - CONTRACT TIMES
401 Time of the Essence

A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness
for final payment as stated in the Contract Documents are of the essence of the Contract.

4.02 Dates for Substantial Completion

A. The anticipated start date of the contract is on or about _December 31, 2020. Project will
begin once a written “Notice to Proceed” is issued. Substantial Completion shall be by January 1, 2022.
Substantial Completion occurs when all work is complete except punch list items. Final completion shall be
by February 28, 2022. Final completion occurs when all work including the punch list items is completed
and ready for final payment.

AG -1 of7

Substantial completion is defined as that point in time at or after commissioning when the local
power utility, Eversource, accepts the facility as a “merchant power plant” satisfying the requirements of grid
interconnection to transport and receive compensation for the power/energy it delivers to Eversource.

Merchant power plants are a form of non-utility or independent power generation designed for
competitive wholesale power marketplaces. Unlike conventional independent power projects, merchant
plants do not have upfront, long-term power purchase agreements to cover their output. Merchant plants are
being built to sell to competitive, spot markets.

4.03 Liguidated Damages

A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and
that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph
4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions.
The parties also recognize the delays, expense and difficulties involved in proving in a legal or arbitration
proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead
of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but
not as a penalty) CONTRACTOR shall pay OWNER ONE HUNDRED dollars ($100) for each calendar
day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is
substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to
complete the remaining Work within the time specified in paragraph 4.02 for completion and readiness for
final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER
TWO HUNDRED dollars ($200) for each calendar day that expires after the time specified in paragraph
4.02 for completion and readiness for final payment until the Work is completed and ready for final payment.

B. In the event that the CONTRACTOR fails to pay OWNER the specified liquidated damages amount
within_thirty (30) days of CONTRACTOR being notified of said damages, OWNER may deduct the

amount of the assessed liquidated damages from the final payment or retention withheld pursuant to Article
14 of the General Conditions.

ARTICLE 5 - CONTRACT PRICE

5.01 Subject to additions and deductions by Change Order, the OWNER shall pay CONTRACTOR, in
accordance with the Contract Documents, the Contract Sum of:

TWO MILLION, SIX HUNDRED SIXTY-FOUR THOUSAND, FIVE HUNDRED DOLLARS ($2,664,500)

The Contract Sum shall include all items and services necessary for the proper execution and completion of
the Work determined below:

A. for all Unit Price Work, an amount equal to the sum of the established Unit Price for each
separately identified item of Unit Price Work times the estimated quantity of that item, as indicated in the
attached Bid Schedule;

B. as provided in paragraph 11.03 of the General Conditions estimated quantities are not
guaranteed, and determinations of actual quantities and classification are to be made by ENGINEER as
provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in
paragraph 11.03 of the General Conditions.

AG -2o0f7

Board of Aldermen — 3/22/16 Page 20

R-16-022
Endorsers: Alderman June M. Caron
Alderman Don LeBrun
Alderman Richard A. Dowd
Alderman-at-Large Michael B. O’Brien, Sr.
AUTHORIZING THE MAYOR TO APPLY FOR AND EXPEND THE COMMUNITY DEVELOPMENT
BLOCK GRANT (“CDBG”) AND HOME INVESTMENT PARTNERSHIP PROGRAM GRANT FOR
FISCAL YEAR 2017
Given its first reading;

MOTION BY ALDERMAN CARON TO ACCEPT THE FIRST READING OF R-16-022, REFER IT TO THE
HUMAN AFFAIRS COMMITTEE AND THAT A PUBLIC HEARING BE SCHEDULED FOR MONDAY, APRIL
11, 2016, AT 7:00 PM IN THE ALDERMANIC CHAMBER

MOTION CARRIED

R-16-023
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
Alderman Ken Siegel
Alderman June M. Caron
Alderman-at-Large Michael B. O’Brien, Sr.

RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $28,600 FROM THE NEW HAMPSHIRE
HIGHWAY SAFETY AGENCY INTO POLICE GRANT ACTIVITY “FY16 SUSTAINED TRAFFIC
ENFORCEMENT PROGRAM (STEP)”

Given its first reading; assigned to the HUMAN AFFAIRS COMMITTEE by President McCarthy

NEW BUSINESS — ORDINANCES - None

PERIOD FOR GENERAL PUBLIC COMMENT — None
REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN
Alderman O’Brien

I’m very disappointed with the bill that just got passed as far as the ordinance. My years as a firefighter | have
seen good landlords, | have seen bad landlords. Particularly when | see in the situations of good landlords,
they are dedicated people that really supply good housing with the city. But | have seen some really bad ones,
and they don’t care too much about the people. These are the people that I’m very much concerned about.
Sometimes they are repeat customers that we unfortunately refer to them sometimes in the fire department.
I’m glad it went to the Substandard Living Committee. | hope the landlords here that wanted it to be tabled; |
hope they bring back legitimate and very well thought solutions because right now | thought this bill as written
was a good bill. It needed to be applied. If there was something wrong with it as we do in this Chamber all the
time, we adjust a law to fix it and make it even better. We didn’t get the get go on this so now we’re going back
to the drawing board. | am willing as a member of that committee to do my job and listen to the landlords and
their input. | hope that they do come back not to complain but to come up and make this especially for life
safety issues and other issues. We want to make Nashua a very viable city to live in. It’s our responsibility as
aldermen to make sure that the housing in this city is worthwhile and is a good domicile for these people to
grow and live. I’m willing to work in the future to see where this goes.

Alderman Lopez

| appreciate the leadership that Alderman Siegel has shown in addressing issues of substandard housing. |
worked with him before becoming an alderman and helping him to engage the community and get constituent
feedback. The overwhelming response that | have heard from my constituents consistently since the formation