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PRIORITY DEPARTMENTS PROJECTS DEPARTMENT C.1.C

REQUESTED RECOMMENDS
Division of Taylor Falls and
A-2 Public Works Veterans Bridges
(Engineering) Deck Rehabilitation $ 550,000 $ 550,000

The failure of a bridge can be more disruptive to the traveling public than any roadway element and can also create a
safety concern. A 2018 inspection and report by an engineering consultant recommends rehabilitating the decks of
these two bridges within the next few years. If left unaddressed, the decks will need to be completely replaced in
about 10 years at a significantly higher cost. State aid is unlikely to be awarded within the 10-year timeframe;
however, the Town of Hudson will pay for 50% of design and construction costs since they are co-owners of the
bridges.

TOTAL FY 2022 LONG-TERM "A" PROGRAMS: $ 8,600,000 $ 8,600,000

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“BRB”

B = Desirable (second priority): Programs/Projects which will benefit the community whose validity of planning and timing have
been established.

PRIORITY DEPARTMENTS PROJECTS DEPARTMENT C.I.C
REQUESTED RECOMMENDS
Division of Annual Drainage
B-1 Public Works Improvements
(Engineering) $ 75,000 $ 75,000

At numerous locations drainage issues exist where runoff during large rain events impacts the roadway and private
properties. Some of the problematic locations include Wilmington Rd at New Searles Rd, Knowlton Rd, Westchester
Dr. and Pemberton Rd at Belfast St. A variety of solutions such as infiltration and drainage system extension will be
used to mitigate the issues.

Division of Vehicular and Pedestrian
B-1 Public Works Bridge Rehabilitation Program
(Engineering) $ 100,000 $ 100,000

The closure of a bridge is very disruptive to the public, including pedestrian bridges that provide key connectivity in
the downtown and parks. Inspection reports have identified several bridges with notable deficiencies to be
addressed in a reasonable timeframe. This request is for funds for professional services to develop a
comprehensive asset management plan for bridge maintenance, repair and upgrade.

Division of Stadium Drive Facility
B-1 Public Works Roof Replacement
(Street Department) $ 1,320,000 $ 1,320,000

The existing roof membrane was installed in 1978-79 and is approximately 75,000 square feet. There are multiple
areas that are leaking and need repair.

Division of West Hollis Street
B-2 Public Works Corridor Improvements
(Engineering) $ 95,000 $ 95,000

Sidewalks, crosswalks, bicycle accommodation, lighting and traffic calming measures are needed along the West
Hollis Street corridor to improve safety/efficiency of pedestrian and vehicular travel west of Riverside Street.
Complaints are frequently received about difficulty entering/departing the corridor from abutting residential streets. A
traffic signal or other measure is needed to mitigate high traffic volumes including trucks to/from the landfill.

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PRIORITY DEPARTMENTS PROJECTS DEPARTMENT C.1.C

REQUESTED RECOMMENDS
Division of Stadium Drive Facility
B-2 Public Works Heating System Upgrades
(Street Department) $ 2,000,000 $ 2,000,000

The estimated cost to replace the 1978 boiler is $2,000,000. The current heating system is obsolete and requires
extensive maintenance each year. The upgraded heating system would operate more efficiently requiring less
maintenance and would create a better working environment.

TOTAL FY 2022 LONG-TERM "B" PROGRAMS: $ 3,590,000 $ 3,590,000

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FY 2022 CAPITAL IMPROVEMENT PROJECTS
CITY OF NASHUA, NEW HAMPSHIRE

SHORT-TERM PROJECTS
“A”

SHORT-TERM PROJ ECTS: Programs/Projects that can be completed within a single year and that probably will be paid
for with cash from the City's Capital Budget. These projects may be in the six-digit, thousand-dollar range.

A = Essential (highest priority): Programs/Projects which are required to complete or renovate a major public improvement,
projects which will remedy a condition dangerous to the health, safety, and welfare of the public, or projects which will provide facilities
for critically needed community programs.

PRIORITY DEPARTMENTS PROJECTS DEPARTMENT C.LC
REQUESTED RECOMMENDS
A-1 Airport Rehab Taxiway “A” ** City Share
$194,444 $ 194,444

This project involves the Rehabilitation of Taxiway A and associated markings, lighting, signage, drainage and stub
taxiways. The pavement has reached the end of its useful life. The project will be completed utilizing 90% FAA Grant
Share, 5% NH DOT Share and 5% Airport Sponsor (City Share). This project is a modification of a previous request
for the Taxiway A reconstruction/relocation because the FAA was unable to fund the relocation of Taxiway “A”. So
this is a necessary rehabilitation project in its current location.

A-1 Fire Department Deferred Maintenance $ 50,000 $ 50,000

Nashua Fire Rescues’ operating budget has not been able to maintain pace with the costs associated with the
maintenance of these eight facilities. Relying on budget funding only allows for minimal progress to be made
annually. The $50,000 annual deferred maintenance funding was reduced to $40,000 in FY21. These funds are
critical and allow us to perform some of the needed maintenance on the aging building components.

Division of
A-1 Public Works Sidewalks and ADA
(Engineering) Improvements $ 225,000 $ 225,000

Sidewalk disrepair is present on a majority of the inner City streets and a lack of ADA compliance can be found at
most intersections. ADA compliance is a federal mandate. This work will improve pedestrian safety in some of the
City’s densest residential areas that have heavily travelled urban roads. The list of project locations is reevaluated
yearly and prioritized to complement concurrent City projects.

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PRIORITY DEPARTMENTS PROJECTS DEPARTMENT C.1.C

REQUESTED RECOMMENDS
Division of EDC-5 Safe Transportation
A-1 Public Works Every Pedestrian
(Engineering) Implementation $ 113,000 $ 113,000

The project involves the purchase and installation of rectangular rapid flashing beacons throughout the downtown
core. The implementation of these countermeasures will increase pedestrian safety. The City funds of $113,000 will
be a 20% match of Federal funds.

Division of
A-1 Public Works Court Improvements
(Park and Rec) $ 200,000 $ 200,000

The Tennis, Basketball and Pickle ball courts throughout the City need to be rehabilitated. This includes converting
current courts to other sports; paving, sealing, painting, netting, fencing and possible lighting updates.

A-1 School District Cooling Tower- NHS North $ 150,000 $ 150,000

The Cooling Tower was installed as part of the original construction of the North High School in 2002. A number of
tower components are failing or are at the end of life. This project will replace those components.

A-2 Fire Department Fire Station Alerting System
$ 500,000 $ 500,000

With increases in number of calls for service, Fire is in need of upgraded Fire Station Alerting systems to enable to
more efficiently process calls and create data to track NFPA compliance.

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Board of Aldermen Page 4
November 9, 2016

By contrast, Nashua High School North is ranked #62 out of 82 high schools in the state for the 2015-2016
school, and Nashua High School South is ranked #59. Thus, the two high schools in the Nashua School
District are ranked with the bottom 25% of the high schools in New Hampshire.

Why would anyone vote against Ordinance O-16-11

The Nashua Teachers Union with its $89,000 loaded average cost per teacher per year would be much
against this. Same as the teachers unions who advertised against Question #2 in Massachusetts to lift the
cap on the number of charter schools permitted in this state.

So we need to examine, which aldermen received contributions from the Nashua Teachers Union (NTU)
for such contributions come with strings attached.

From the contributions reported for the 2015 Municipal election on reported the Nashua City Clerk’s website:

President McCarthy
Mr. Teeboom, | am going to stop you. If you want to address the merits of the bill, that’s fine. If you want to
read from the records about who accepted money from the Teacher’s Union, that’s fine. | know that had

nothing to do with my decision and | suspect that many of my colleagues around the horseshoe feel the
same way so please do not attribute motives to why members of this Board vote the way they do.

Mr. Teeboom

| am saying that the Teacher’s Union contributes and they don’t contribute because they expect nothing in
return.

Alderman Dowd and Alderman Caron never filed a report and | am going to find out tomorrow why.

There were seven Aldermen who voted yes and none of them accepted union contributions. You can accept
any motive you wish, I’m only laying this out as facts on the table.

NO--Voting to reject
NTU Contribution

1. McCarthy $500
2. O’Brien $500
3. Wilshire $500
4. Clemons $250
5. Melizzi-Golja $250
6. Lopez 0
7. Dowd not posted (not filed?)
8. Caron not posted (not filed?)

YES —Voting to pass
NTU Contribution

Deane
Cookson
Moriarty
McGuinness
Schoneman
LeBrun
Siegel

NOORWN>
OCT00000

5.10 Counterparts. This Agreement may be executed in several counterparts,
each of which shall be deemed an original and such counterparts shall constitute one and
the same instrument.

5.11 Agreement to Cooperate. In the event of any legal action instituted by a
third party or other governmental entity or official challenging the validity of any provision
of this Agreement, the Parties hereby agree to cooperate in defending that action; provided,
however, each Party shall retain the right to pursue its own independent legal defense.

5.12 No Deemed Waiver. Failure of a Party to exercise any right under this
Agreement shall not be deemed a waiver of any such right and shall not affect the right of
that Party to exercise at some future time said right or any other right it may have under
this Agreement.

5.13 Severability. If any term or provision of this Agreement shall be judicially
determined to be void or of no effect, that determination shall not affect the validity of the
remaining terms and provisions of this Agreement. The Parties agree that if any provision
of this Agreement is judicially determined to be invalid because it is inconsistent with a
provision of state or federal law, this Agreement shall be amended to the extent necessary
to make it consistent with state or federal law and the balance of the Agreement shall
remain in full force and effect.

5.14 Authority. Each Party represents that it has undertaken all actions necessary
for approval of this Agreement, and that the person signing this Agreement has the
authority to bind City and Developer. Notwithstanding the foregoing, with the approval of
this Agreement, City Council hereby delegates to the City Manager the authority to execute
any supplemental documents required to effectuate the purposes of this Agreement.

5.15 Representations and Warranties of Developer. Developer represents and
warrants to City that:

a) Developer is a valid limited liability company duly organized, validly
existing and in good standing under the laws of the State of Florida;

b) Developer is duly qualified to do business and is in good standing under the
laws of the State of New Hampshire;

ro) Developer has the full right, power, and authority to enter into this
Agreement and to perform its obligations under this Agreement without contravention of
any obligation on the part of Developer, whether statutory, contractual or otherwise; and

d) Developer will execute, deliver and perform this Agreement in accordance
with all applicable laws and ordinances.

5.16 Representations and Warranties of City. City represents and warrants to
Developer that:

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a) City has the full right, power, and authority to enter into this Agreement and
to perform its obligations under this Agreement without contravention of any obligation on
the part of Developer, whether statutory, contractual or otherwise;

b) City will execute, deliver and perform this Agreement in accordance with
all applicable laws and ordinances;

ro) To the actual knowledge of City Attorney, the Property is not the subject of
any litigation, pending or overtly threatened, or other judicial or quasi-judicial procedure
which would, if determined unfavorably to the City, settled or otherwise resolved by the
City, result in any financial liability on the part of Developer or interfere with the
development of the Project;

d) To the actual knowledge of the City Attorney, the Property is not the subject
of any procedure for the taking of the Property by eminent domain, in whole or in part,
pending or overtly threatened by the City or any other governmental authority with the
power of eminent domain;

e) To the actual knowledge of the City Attorney, no one has made any claim
to title to the Property, in whole or in part, superior to the claim of the City by virtue of its
chain of title; and

f) The City has not received any notice from any governmental agency, state,
federal or local, that the Property is in violation of or the subject of an investigation
regarding the potential violation of any Laws and Ordinances, including laws of the United
States or the State regarding the presence, storage, transport, spillage, removal or
remediation of hazardous or harmful substances on the Property, or the presence, storage,
transport, spillage, removal or remediation of hazardous or harmful substances on
properties adjacent to the Property as a result of their origination on or passage through the
Property.

5.17 Continuing Obligation. From time to time after the Closing Date or the
Deadline Closing Date, the Parties will execute additional instruments of assignment, lease,
license, conveyance and other documents and take such other actions that are reasonably
necessary to further the purposes of this Agreement.

5.18 Immunity Not Waived. City does not intend to waive its sovereign
immunity by reason of this Agreement; provided, however, that the City acknowledges and
agrees that by entering into this Agreement, governmental immunity shall not be a valid
defense to a breach of contract claim brought under this Agreement.

5.19 Release of Information. City and Developer acknowledge that this
Agreement is subject to disclosure under the New Hampshire public records laws, except
for information that is excluded from the disclosure requirements of those laws. Nothing
in this Agreement precludes either party from discussing the terms of this Agreement or its

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work product with its attorneys, accountants, consultants, contractors, or potential lenders
or investors, or prevents the holding of public City meetings in compliance with applicable
laws.

5.20 Representations, Warranties and Indemnity Regarding Brokers.

a) City represents to Developer that no real estate broker or agent has rendered
a service or represented City in connection with this Agreement or the transaction
contemplated in this Agreement for which any brokerage commission or fee is due.

b) Developer represents to City that no real estate broker or agent has rendered
a service or represented Developer in connection with this Agreement or the transaction
contemplated in this Agreement for which any brokerage commission or fee is due.

ro) City and Developer covenant and agree, each to the other, to indemnify the
other against any claims based upon or arising out of the employment or use by the
indemnifying party of any real estate broker, agent or finder in connection with the

purchase-and-sateleasing of the Property. This Section 5.20 shall survive Closing or any
earlier termination of this Agreement.

5.21 IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER
PARTY (OR TO ANY THIRD PARTY, WHETHER OR NOT CLAIMING THROUGH
THAT OTHER PARTY) FOR INDIRECT, CONSEQUENTIAL, SPECIAL,
INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT
LIMITATION, LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER).

5.22 Non-Appropriation. No provision of this Agreement shall be construed or
interpreted as creating a pledge of the faith and credit of the City within the meaning of
any Constitutional debt limitation. No provision of this Agreement shall be construed or
interpreted as creating a pledge of the faith and credit of the City within the meaning of
the, Constitution of the State of New Hampshire. This Agreement shall not directly or
indirectly or contingently obligate the City to make any payments beyond the amount
appropriated, if any, in the sole discretion of the City for any fiscal year in which this
Agreement shall be in effect. The City may at the end of any fiscal year terminate its future
installment payment obligations under this Agreement if the City has not appropriated
sufficient funds to make the next fiscal year's scheduled installment payments; however,
during each fiscal year, the City shall exercise its best efforts to appropriate funds for
installment payments due in the next fiscal year. No deficiency judgment may be rendered
against the City in any action for breach of a contractual obligation under this Agreement
and the taxing power of the City is not and may not be pledged directly or indirectly to
secure any moneys due under this Agreement. No provision of this Agreement shall be
construed to pledge or to create a lien on any class or source of the City's moneys. To the
extent of any conflict between this Section 5.22 and any other provision of this Agreement,
this Section shall take priority.

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PRESERVATION COMPANY

DETAILED COST BREAKDOWN

EAST HOLLIS STREET AND BRIDGE STREET IMPROVEMENT PROJECT - FINAL DESIGN
NASHUA, NH

December 1, 2021 gk fol
P AH Il AHI TOTAL DIRECT
TASK _ TASK DESCRIPTION $50.00 | $45.00 | $40.00 HOURS LABOR
PHASE 2 PRELIMINARY DESIGN
IIC Environmental Documentation 115 60 220 395 $ 17,250.00
Prepare NHDHR Historic District Area Form 65 100 30
Fieldwork 10 (¢] 10
Research (4) 40 30
New Individual Survey Forms £4} (2) 20 20 20
Update tadiidual Survey Forms {45} (¢] (¢] (¢]
Effects Tables 20 (4) 30
PRESERVATION COMPANY DIRECT LABOR TOTAL =| $ 17,250.00
Overhead @ 98.00% =| $ 16,905.00
Sub-Total =| $ 34,155.00
Fixed Fee @10% =| $ 3,415.50
PRESERVATION COMPANY TOTAL ESTIMATED LABOR COST =| $ 37,570.50
DIRECT EXPENSES
Transportation] $ 280.00
Mailings] $ 60.00

PRESERVATION COMPANY TOTAL ESTIMATED DIRECT EXPENSES =] $ 340.00
TOTAL PRESERVATION COMPANY ESTIMATED COST =] $ 37,910.50

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