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27.

28.

29.

30.

31.

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 shall 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.

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 nights and remedies of this section shall in no way be considered for be construed as a waiver
of any other nights 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 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 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

GC-11

To:

From:

Re:

A. Motion:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: September 29, 2016

Stephen Dookran, P.E., City Engineer
Engineering Department

2016 Sewer Replacement Project
Change Order No. 1

To approve Change Order No. 1 for the 2016 Sewer Replacement Project to Park
Construction Corporation of Fitzwilliam, NH in an amount of $419,325.00. Funding
will be through: Department: 169 Wastewater; Fund: Wastewater; Activities: Sewer
Rehab and Sewer Structures and Department: 160 —- Admin/Engineering; Fund: Trust;
Activity: Paving.

The 2016 Sewer Replacement Project includes replacing or lining approximately
2,360 feet of sewer mains and associated work and construction is ongoing.

This change order is to address recently identified sewer failure problems in Gillis
Street and Chestnut Street. In Gillis Street, point and segment repairs are needed in
the 12 inch concrete and tile sewers that are about 9 to 15 feet deep. In Chestnut
Street, south of Lake St, recent sewer inspection has identified about 1,050 feet of 10
inch and 12 inch sewer that requires lining. In addition, this length of Chestnut Street
south of Lake Street will be reclaimed under this change order. The reclamation will
address the many patches from recent utility cuts. Paving funding is contingent upon
approval of R-16-066, a resolution establishing an expendable trust fund for the
donations for paving, by the Board of Aldermen.

An additional 45 calendar days have been added to the contract to allow for
completion of this work.

The 2016 Sewer Replacement project was awarded in the amount of $1,058,975.
With Change Order No. 1, the contract value increases to $1,478,300.

CHANGE ORDER

No. 1
PROJECT: 2016 Sewer Replacement Program
OWNER’S CONTRACT NO: IFB0779-031016
EXECUTED CONTRACT DATE: April 25, 2016
DATE OF ISSUANCE: September 22, 2016 EFFECTIVE DATE: Upon City Approval
OWNER: City of Nashua, NH
OWNER’s Purchase Order NO.: 126116
CONTRACTOR: Park Construction
ENGINEER: DPW Engineering

You are directed to make the following changes in the Contract Documents:

Description:

In Gillis Street, replacement of sewer main pipe from the sewer manhole at Copp St to 50 feet west, from
the sewer manhole at 5 Gillis St to 25 feet east and from the sewer manhole at 25 Gillis St to Arlington St is

required.

Sewer main lining and full width reclamation and paving on Chestnut St south of Lake St.
See attached quote.

Justification:

Identified sewer failure problems in Gillis Street and Chestnut Street required repair. This work is necessary in
order to address existing sinkholes and deteriorated and collapsed sewer pipes.

Change Order # 1 lof 2
2016 Sewer Replacement Program

Summary

CHANGE IN CONTRACT PRICE:

Original Contract Price

$1,058,975.00

CHANGE IN CONTRACT TIMES:
Original Contract Times

Substantial completion: _October 29, 2016
Ready for final payment: November 18, 2016

Net changes from previous Change Orders

$0.00

Net change from previous Change Orders

None.

Contract Price prior to this Change Order

$1,058,975.00

Contract Times prior to this Change Order

Substantial completion: October 29, 2016
Ready for final payment: November 18, 2016

Net Increase (deerease} of this Change Order

$419,325.00

Net Increase (deerease} of this Change Order

45 calendar days

Contract Price with all approved Change Orders

$1,478,300.00

Contract Times with all approved Change Orders

Substantial completion: December 13, 2016

Ready for final payment: December 23, 2016

RECOMMENDED: ACCEPTED: APPROVED:
By: By: By:
DPW Engineering Name Mayor Jim Donchess
Engineer Contractor Owner
(Authorized Signature) (Authorized Signature) (Authorized Signature)
Date: Date: Date:
Change Order # 1 2 of 2

2016 Sewer Replacement Program

City of Nashua, New Hampshire
Division of Public Works
2016 Sewer Project

CHANGE ORDER NO. 1

Item
No. Quantity Units Item Description Unit Price Total Price
CHESTNUT STREET ITEMS
1k 420 LF 12" CIPP Lining (depth to top of pipe is 12' to 13') $152.00 $63,840.00
1k(1) 650 LF 10” CIPP Lining (average depth to top of pipe is 13’ $,- 4
with deepest at 16' and shallowest at 5’) (38.00 "59 766,66
; g 4 .
3b 114 EA Adjust Sewer Frame and Cover or CB Frame and Grate Yao. bo Y. 400.60
& $e...
3c 2 EA Replace 24" CB Frame and Grate Y06. 6 6 66, 08
7450.00 %) ¢
3d 4 EA Replace 30" Sewer Frame and Cover 0.00 |, 806. cd
5a 3,900 LB = Calcium Chloride $0.50 $1,950.00
6b(1) 3,900 SY Fine Grading (Roadway Gravels Prior to Base Paving) $2.00 $7,800.00
6c 445 Ton Binder (Base) Course Material - Hot Bit. Pavement $82.00 $36,490.00
6d 280 Ton Top Course Material - Hot Bituminous Pavement $95.00 $26,600.00
5
6f(1) 3,900 SY 12" Reclaim in Place 4.00 4 5 woe, 20
6i 350 LF Remove and Reset Granite Curbing $18.00 $6,300.00
6k 250 SY Remove and Replace 4" P.C,
Concrete Sidewalk $52.00 $13,000.00
6k(1) 40 SY Remove and Replace 6" P.C.

Concrete Driveway $58.00 $2,320.00
6m 20 Ton Hot Bituminous Pavement Hand Method $150.00 $3,000.00
6n 10 EA Detectable Warning at Wheelchair Ramp $450.00 $4,500.00
7a 1 LS Mobilization $16,000.00 $16,000.00
8b 1 Aliowance Fiagmen $10,000.00 $10,000.00
8c 1 U Maintenance of Traffic $6,000.00 $6,000.00

GILLIS STREET ITEMS

21 4 LS sewer Rehab at 11 Gillis St

BS - 1 of 2

q 33, L80.¢2 45, 600, OO

Gity of Nashua, New Hampshire
Division of Public Works
2016 Sewer Project

CHANGE ORDER NO. 1

Item
No. Quantity Units item Description Unit Price | Total Price
22 1 LS Sewer Rehab at 5 Gillis St ? 93. 000.00.723,b60. 60
, a $ ; oe
23 1 LS Sewer Rehab at 25 Arlington St on Gillis St 53 Jd 5 6¢ 63 JIS, Ob

TOTAL BiD PRICE FIGURES

tig 335.00

TOTAL BID PRICE WORDS - BASE BID
Four Hundred Miaeteen
Theysancl) Three Hundred

“Tes eaTty FE; vc Dollars and
7
Zerd Cents

Contractor: Cae k Constru ct 10 w Lo ¢ 0:

Authorized signature: TM acd A arb

Date: 9/9 lite

Address: Citeuillian AUH
Phone: o03- 585- 65 7N
Fax: co3-Sb5-77i7

Email Address: Mono re by & pack né.ceo ~
* qt

BS - 2 of 2

REPORT OF THE FINANCE COMMITTEE
SEPTEMBER 21, 2016

A meeting of the Finance Committee was held on Wednesday, September 21, 2016, at 7:00 p.m. in the
Aldermanic Chamber.

Mayor Jim Donchess, Chair, presided.

Members of the Committee present: Alderman-at-Large Mark S. Cookson, Vice Chair
Alderman-at-Large Lori Wilshire
Alderman-at-Large Michael B. O’Brien
Alderman Benjamin M. Clemons
Alderman June M. Caron
Alderman Ken Siegel

Also in Attendance: Mr. Dan Kooken, Purchasing Manger
Mr. John L. Griffin, Chief Financial Officer
Mr. Bill Mansfield, Radio Systems Manager

PUBLIC COMMENT - None
COMMUNICATIONS

From: John Griffin, Chief Financial Officer/Comptroller
Re: Notification of Entry into Contract with a 3“ Party Supplier for Natural Gas Supply

MOTION BY ALDERMAN SIEGEL TO ACCEPT AND PLACE ON FILE, AND CONTINGENT UPON
BOARD OF ALDERMEN APPROVAL, AWARD THE MULTI-YEAR CONTRACT TO DIRECT ENERGY
BUSINESS MARKETING, LLC, D/B/A DIRECT ENERGY BUSINESS

MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: Purchase of Nashua Police Department Bulletproof Vests (Value: $26,950)

MOTION BY ALDERMAN SIEGEL TO ACCEPT, PLACE ON FILE AND AUTHORIZE THE PURCHASE
FROM ATLANTIC TACTICAL IN THE AMOUNT OF $26,950. FUNDS ARE AVAILABLE IN DEPARTMENT
150, POLICE; 50% FROM THE 2015 BULLETPROOF VEST PARTNERSHIP GRANT AND 50% FROM NPD
PROTECTIVE CLOTHING

MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: Purchase of One (1) 2017 Ford Police Interceptor Utility Vehicle (Value: $35,244)

MOTION BY ALDERMAN SIEGELTO ACCEPT, PLACE ON FILE AND AUTHORIZE THE PURCHASE
FROM M-H-Q MUNICIPAL VEHICLES IN THE AMOUNT OF $35,244. SOURCE OF FUNDING IS
DEPARTMENT 150, POLICE; CERF ($27,594) AND DEPARTMENT 128, RISK MANAGEMENT; GENERAL
OPERATING FUND; AUTOMOBILE CLAIMS ($7,650)

ON THE QUESTION

Alderman Siegel

Is there anyone in the audience here to represent the police department?

Finance Committee Page 2
September 20, 2016

Mayor Donchess

There is nobody from the police department here.

Alderman Siegel

Mr. Kooken, | really would like to know if this is going to be satisfied by insurance from the driver that blew into
the police car? It is my understanding that the police car was stationery and that this really has nothing to do
with the police officer trashing the vehicle.

Mr. Kooken

| don’t know but | will check into that and get back to you. | know that one of the cruisers was totaled that is
being replaced but I’ll have to find out what the outcome was.

Alderman Siegel

| am aware of the incident but I’m a little concerned that this is coming out of the CERF fund because this is;
my understanding is that this was a pretty new cruiser so it wasn’t really ready for replacement it just got rear
ended and totaled.

Alderman O’Brien

If the money is insurance would that go back into CERF to replenish this account if that is the case?

Mayor Donchess

| think that’s what we should do that but that might require Aldermanic action but we can propose that if we are
getting insurance money.

Alderman Siegel
Regarding replenishing expenditure out of CERF and putting the money back in there, that would technically

represent a budget spending cap change? |’m not sure we can accept money and put it back into CERF that
way. I’m not sure.

Mayor Donchess

Mr. Kooken, do you think there is any urgency to this purchase or do you think this might hold off for two weeks
while we get these questions answered?

Mr. Kooken
| believe we could hold off.

Alderman Siegel

It was not my intention to change the purchase timeline because this clearly has to be taken care of. We have
a cruiser that needs to be replaced. How we pay for the mechanics of it | think we can work in the background.
It would be my preference to not hold up this purchase.

Mayor Donchess

If this becomes expenditure against the spending cap we do have about $50,000 of room, right?

Finance Committee Page 3
September 20, 2016

Mr. Griffin

The police cruiser that was totaled, it was determined as you can see from the proposal that $7,650 is coming
from the Property & Casualty Fund. Alderman Siegel’s question is, are we going after the party that caused
the damage and | just sent a text to Jen Deshaies and she will be able to get back to us on that. If we do get
funds, let’s say we get the $25,000; it would generally go into that Property & Casualty fund. We do have
enough money, if the Board so chooses, to move it from that fund into CERF. As you recall, one of the
suggestions that the members of the Board of Aldermen had was to any funds, either through insurance or
through the sale of vehicles that were originally purchased by CERF go back into CERF. There isn’t any such
mechanics right now because its revenue that’s not an appropriation but there was some discussion during the
budget process that if that could happen it might not conflict us from trading in versus outright sale of the
vehicle to more effectively fund CERF. We can get those answers pretty quickly. If Jen sees my text she will
probably get right back to me.

Alderman O’Brien

| don’t want to hold up the purchase of this vehicle because | think we can work in the background and get a
good operating vehicle back on the street for our police department.

MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: Purchase of Extrication Equipment Upgrade/Replacement (Value: $77,792)

MOTION BY ALDERMAN SIEGEL TO ACCEPT, PLACE ON FILE AND, CONTINGENT UPON FINAL
PASSAGE OF R-16-064, AUTHORIZE THE PURCHASE FROM FIRE TECH AND SAFETY IN THE
AMOUNT OF $77,792. FUNDS ARE AVAILABLE IN DEPARTMENT 152, FIRE; DEPARTMENT OF
HOMELAND SECURITY ASSISTANCE TO FIREFIGHTERS GRANT

MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: Purchase of Three (3) Bard Air Conditioning Units (Value: $11,114)

MOTION BY ALDERMAN SIEGEL TO ACCEPT, PLACE ON FILE AND AWARD THE CONTRACT TO AAA
ENERGY SERVICE IN THE AMOUNT OF $11,114. SOURCE OF FUNDING IS DEPARTMENT 157,
CITYWIDE COMMUNICATIONS; CITYWIDE COMMUNICATIONS CAPITAL PROJECTS ACCOUNT
MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: Purchase of One (1) 10’ X 12’ Concrete Building to House a 50 KW Generator (Value: $38,645)

MOTION BY ALDERMAN SIEGELTO ACCEPT, PLACE ON FILE AND AWARD THE CONTRACT TO VEFP,
INC., IN THE AMOUNT OF $38,645. FUNDS ARE AVAILABLE IN DEPARTMENT 157, CITYWIDE
COMMUNICATIONS; CAPITAL IMPROVEMENTS, MACHINERY AND EQUIPMENT

ON THE QUESTION

Alderman Siegel

| know that Mr. Mansfield is here and | have a quick question about a pre-fab, drop down concrete room.
Normally these things are built on-site, is that correct?

Finance Committee Page 4
September 20, 2016

Mr. Bill Mansfield, Radio Systems Manager

All of the buildings that we currently have are all pre-fab buildings; they were built outside at another entity. As
a matter of fact, two of the buildings came from Louisiana and they were shipped up and put in place.

Alderman Siegel
So it’s more cost effective to just drop them down like that?
Mr. Mansfield

They are longer lasting buildings compared to having a cinder block type building put in place. The walls are
much thicker than what they would be. We have also gone with and industry standard is pre-fab buildings.

MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: Heritage Rail Trail Electrical Installation (Value: Not-To-Exceed $67,000)

MOTION BY ALDERMAN SIEGEL TO ACCEPT, PLACE ON FILE AND AWARD THE CONTRACT TO
JOHNSON’S ELECTRIC SUPPLY, INC., IN AN AMOUNT NOT-TO-EXCEED $67,000. SOURCE OF
FUNDING IS DEPARTMENT 177, PARKS & RECREATION; CAPITAL IMPROVEMENTS, RAIL TRAIL
LIGHTING

ON THE QUESTION

Alderman Wilshire

| didn’t see in here the timeframe, do you know what it is?

Mayor Donchess

We want to complete this by the end of the season; meaning this years’ construction season.

MOTION CARRIED

UNFINISHED BUSINESS — None

NEW BUSINESS - None
TABLED IN COMMITTEE

From: Dan Kooken, Purchasing Manager

Re: Contract Award for City Hall Elevator Modernization (Value: $184,000); Department: 126
Financial Services; Fund: Trust Fund; Accounting Classification: 81 Buildings and Improvements

e Tabled 8/3/16

DISCUSSION
RECORD OF EXPENDITURES

MOTION BY ALDERMAN SIEGELTHAT THE FINANCE COMMITTEE HAS COMPLIED WITH THE CITY
CHARTER AND ORDINANCES PERTAINING TO THE RECORD OF EXPENDITURES FOR THE PERIOD
SEPTEMBER 2, 2016, TO SEPTEMBER 15, 2016