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\ THE CITY OF NASHUA “The Gate City"

Financial Services

Purchasing Department

RIE EI NRE? SEN Re IRE RR eI ame ee ee

July 27, 2017
Memo #18-020

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: TO APPROVE THE PURCHASE OF RECYCLING AND TRASH CARTS FROM TOTER
INC. (VALUE: NOT TO EXCEED $145,000)
DEPARTMENT: 168 SOLID WASTE; FUND: SOLID WASTE

Please see the attached communication from Jeff Lafleur, Solid Waste Department Superintendent dated
July 27, 2017 for the information related to this purchase.

Pursuant to § 5-84 Special purchase procedures A. (5) Purchases from a sole manufacturer where it is
determined to be more efficient and economical to reduce costs of maintenance of additional repair parts,
supplies or services.

The Solid Waste Department Superintendent, Board of Public Works (July 27, 2017 meeting) and the

Purchasing Department recommend the award of this purchase in an amount not to exceed $145,000 to
Toter Inc. of Statesville, North Carolina.

Respectuly, en

an Kooken
Purchasing Manager

Ce: J Lafleur L Fauteux

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

To:

From:

Re:

B. Motion:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: July 27, 2017

Jeff Lafleur, Superintendent
Solid Waste Department

To approve the purchase of Recycling and Trash carts from Toter Inc.

To approve the purchase of recycling and trash carts for curbside collection in an
amount not-to-exceed $145,000 from Toter Inc. located in Statesville, North
Carolina. Funding will be through: Department: 168 Solid Waste; Fund: Solid
Waste; Account Classification: 7] Equipment.

Toter Inc. has been the vendor supplying trash and recycling carts for the City of
Nashua since 2003 when the automated trash collection program started. The
curbside recycling program has grown immensely and the demands for recycling
carts are on the rise.

In October 2002 (RFP #0721-110802), a nine member committee comprised of
DPW, BPW, and Purchasing officials as well as a representative of the Board of
Aldermen and the general public interviewed prospective vendors and evaluated
their proposals. Toter Inc. was chosen and has been providing a quality product
and excellent service as well as honoring warranty claims presented.

REPORT OF THE FINANCE COMMITTEE
JULY 19, 2017

A meeting of the Finance Committee was held on Wednesday, July 19, 2017, at 7:00 p.m. in the Aldermanic
Chamber.

Mayor Jim Donchess, Chairman, presided.

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

Members not in Attendance: Alderman Ken Siegel
Alderman-at-Large Lori Wilshire
Alderman Benjamin M. Clemons

Also in Attendance: Steven A. Bolton, Corporation Counsel
Dan Kooken, Purchasing Manager
Noelle Osborne, Wastewater Department

PUBLIC COMMENT
COMMUNICATIONS

From: Dan Kooken, Purchasing Manager
Re: Purchase and Installation of Skateboard Park Fence (Value: $25,918)

MOTION BY ALDERMAN O’BRIEN TO ACCEPT, PLACE ON FILE AND, CONTINGENT UPON
BOARD OF PUBLIC WORKS APPROVAL, AWARD THE CONTRACT TO GATE CITY FENCE
IN THE AMOUNT OF $25,918. FUNDS ARE AVAILABLE IN DEPARTMENT 177, PARKS AND
RECREATION; TRUST FUND, 54, CONSTRUCTION

ON THE QUESTION

Alderman Cookson

| believe | read there were 8 invitations that were sent out to bid on this. The 8 that were sent out were they
originally close?

Mr. Kooken

Yes, in general.
Alderman Cookson

The greater Nashua area.
Mr. Kooken

Yes.

PART 3 — EXECUTION

3.01 INSTALLATION:

A. Work shall not be started until all materials and equipment necessary for their
construction are either on the site of the work or satisfactorily available for
immediate use as required.

B. _ The sheeting shall be securely and satisfactorily braced to withstand all pressures to
which it may be subjected and be sufficiently tight to minimize lowering of the
groundwater level outside the excavation.

C. No sheeting may be left so as to create a possible hazard to safety of the public or a
hindrance to traffic of any kind.

D. If boulders or very dense soils are encountered, making it impractical to drive a
section to the desired depth, the section shall be cut off.

E. The sheeting shall be left in place where indicated on the drawings or ordered by the
Engineer in writing. At all other locations, the sheeting may be left in place or
salvaged at the option of the Engineer. Steel sheeting permanently left in place shall
be cut off at a depth of not less than two feet below finish grade unless otherwise
directed.

F. All cut-off will become the property of the Contractor and shall be removed by him
from the site.

G. Sole responsibility for the satisfactory construction and maintenance of the
excavation support system, complete in place, shall rest with the Contractor. Any
work done, including incidental construction, which is not acceptable for the
intended purpose shall be either repaired or removed and reconstructed by the
Contractor at his expense.

H. The Contractor shall be solely responsible for repairing all damage associated with
installation, performance, and removal of the excavation support system.

END OF SECTION

2022 Sewer Replacement Project Support of Excavation
Nashua, NH 02252-2

Finance Committee - 7/19/2017 Page 2
Alderman Cookson

And we received a single bid back?

Mr. Kooken

We did.

Alderman Cookson

And this is the only bid that we have to qualify and react to this evening for $25,918?

Mr. Kooken

Yes.

MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: Purchase of Various Chemicals for Wastewater Treatment Facility (Value: $310,000)

MOTION BY ALDERMAN O’BRIEN TO ACCEPT, PLACE ON FILE AND AUTHORIZE THE PURCHASE
FROM POLYDYNE IN THE AMOUNT OF $300,000 AND THE PURCHASE FROM BASF CORPORATION

IN THE AMOUNT OF $10,000. SOURCE OF FUNDING IS DEPARTMENT 169, WASTEWATER

ON THE QUESTION

Alderman Cookson

At the last finance meeting we approved a similar purchase for various chemicals for the wastewater treatment
facility in the amount of $195,000. Tonight we’re looking at another purchase for $310,000. Why weren't the
two brought in at the same time for nearly half a million dollars?

Ms. Osborne

The chemicals are different. We don’t always stick everything together because we don’t like to overwhelm
you guys. We want to give you all the appropriate information. Polydyne is very different than the chemicals to
treat and disinfect the wastewater.

Alderman Cookson

But they could have been presented at the same time. There’s nothing that prevented that.

Ms. Osborne

Sure, yup.

Alderman Cookson

And you knew about this purchase when?

Finance Committee - 7/19/2017 Page 3
Ms. Osborne
It's an annual purchase. It was approved at the May BPW. It got overlooked in all of the finance meetings
prior to this. As we were establishing the purchasing orders we realized in error that it hadn’t been brought to
the finance committee yet. That’s why it has taken this long to get here.
MOTION CARRIED
UNFINISHED BUSINESS — None
NEW BUSINESS — RESOLUTIONS
R-17-114
Endorsers: Mayor Jim Donchess
APPROVING A THIRD AMENDMENT TO SITE LEASE AGREEMENT WITH NEW CINGULAR
WIRELESS RELATIVE TO ITS CELLULAR ANTENNA SITE AT MINE FALLS PARK
MOTION BY ALDERMAN O’BRIEN TO RECOMMEND FINAL PASSAGE
ON THE QUESTION
Attorney Bolton

Back 2 —2 % years ago, the city entered into an agreement with Verizon Wireless to build a new cellular tower
near the existing one near Mine Falls Park with the idea that it would increase capacity. It’s not the same
height but it is stronger and can hold more. The idea is to migrate all of the wireless service companies onto
the new tower. When that is done, the old tower will be removed and we will have a one tower situation. This
is another step in that process. This is essentially AT&T agreeing to a new lease, an amended lease if you
will, that changes the location of their equipment from the old tower to the new tower.

Alderman Cookson

Will this be the final change to the leases to make sure that all the original carriers on the first pole will be
moved to the second pole?

Attorney Bolton
There is one more. | suspect you will be seeing that sometime in the months to come.
Alderman Cookson

Do we not have an ordinance on the books that indicates that we cannot have a cell tower built within one mile
of an existing cell tower?

Attorney Bolton
| believe that is true.
Alderman Cookson

How does that apply to this particular situation?

Finance Committee - 7/19/2017 Page 4

Attorney Bolton

The situation was approved by this Board and the Planning Board before | occupied this position. | have been
working for the last year and four months to accomplish what was intended, but they don’t want to sign a new
agreement. | can’t force them. We've brought some pressure to bear on AT&T to get this far, but why the
situation was allowed to develop so that we would have two towers in very close proximity and have this long
process of moving carriers from one tower to the other, | don’t have enough information to be able to answer
that question.

Alderman Cookson

Who is the final carrier?

Attorney Bolton

It's a small one. The name escapes me at the moment.

Alderman Cookson

But you can provide that to us?

Attorney Bolton

| can, yes.

Alderman Cookson

Thank you. Even though we have approved it and we’ve built two towers within feet of one another ...
Attorney Bolton

We haven't. Two towers exist within close proximity.

Alderman Cookson

Two towers have been built within feet of one another. How does our law apply to that situation which says we
will not have another cell tower built within one mile of an existing.

Attorney Bolton

The city has managed to violate its own ordinance.
Alderman Cookson

What is the consequence of violating its own ordinance?
Attorney Bolton

We're not going to take ourselves to court over it.
Alderman Cookson

So there is no violation.

Finance Committee - 7/19/2017 Page 5
Attorney Bolton

There’s little consequence.

Alderman Cookson

There is the possibility if this other carrier decides to not move forward, we could exist with two cell towers as
they are currently built right now in Mine Falls Park.

Attorney Bolton

The remaining carrier when its lease expires the situation will resolve itself at that time. I’m hoping it resolves
itself prior to that.

Alderman Cookson

Who is responsible for the removal of the tower if we’re presented that situation?
Attorney Bolton

Verizon Wireless.

Alderman Cookson

Do we know when that cellular carrier’s lease expires?
Attorney Bolton

| Know. It’s on paper and | can provide that for you?
Alderman Cookson

Do you know which year?

Attorney Bolton

Within the next three years.

Alderman Cookson

| would like to request, Mayor Donchess, the name of the carrier and the expiration of the carrier's lease on
that cellular pole.

Attorney Bolton

I'll provide that.
Mayor Donchess
Thank you very much.

MOTION CARRIED

Finance Committee - 7/19/2017 Page 6
NEW BUSINESS — ORDINANCES — None

TABLED IN COMMITTEE

MOTION BY ALDERMAN O’BRIEN TO TAKE FROM THE TABLE THE COMMUNICATION REGARDING
CHANGE ORDER #2 TO THE CONTRACT FOR THE INSTALLATION OF SIPHON COVERS

MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: Siphon Covers Installation - Change Order #2 (Value: $16,618)

MOTION BY ALDERMAN O’BRIEN TO ACCEPT, PLACE ON FILE AND AUTHORIZE CHANGE ORDER #2
TO THE CONTRACT WITH WILLIAM P. DAVIS EXCAVATION, LLC, IN THE AMOUNT OF $16,618.
SOURCE OF FUNDING IS DEPARTMENT 169, WASTEWATER

ON THE QUESTION

Mayor Donchess

One question that came up was is there any way to pursue the original designer for liability. Maybe Mr. Bolton
is here to address that as well. There’s some change being required here. Is there any possibility of pursuing
the previous provided in terms of liability?

Ms. Osborne

| believe that was brought to the legal department. However, what | am here to speak about is whether or not
we can wait for such litigation.

Mayor Donchess

| do have an answer on the litigation question, which is this was put in ten years ago. It’s too long, too far back
to pursue it. The cost of pursuing it would exceed the contract price. The ten years is beyond the statute of
limitations really.

Alderman Cookson

My understanding was it was completed by Methuen Construction in 2009, which would have been eight years
ago.

Mayor Donchess

Eight years ago then.

Alderman Cookson

Does it change the course of the conversation? Eight years, ten years, it still exceeds the statute of limitation?
Mayor Donchess

Correct.

Alderman Cookson

Do we know who signed off on the vortex from a city perspective on the original construction?

Finance Committee - 7/19/2017 Page 7

Mayor Donchess

We didn’t really look into that, but it would have been somebody previous that was running plant. Who was
running the plant in 2009?

Ms. Osborne
Mario LeClair.
Alderman Cookson

We're speculating that Mr. LeClair signed off on this when it was built back in 2009.

Mayor Donchess

| am speculating because I’m just assuming that because he was the superintendent of the plant at that time
that he must have reviewed that.

Alderman Cookson

With regard to the current plan, we know that it needs to happen. The cover has to be centered over the
vortex. We've got a change order for $16,000 and we have somebody to come in and do that for us now.
What's the timing on that and how urgent of an issue is it?

Ms. Osborne

It is a very urgent issue. What happens with that vortex structure is it takes flow from one interceptor and it
puts it into another interceptor and takes away the energy. It dissipates the energy. The vortex structure,
itself, is designed to take 22 million gallons per day. With the amount of debris in the bottom of that structure,
we were facing sanitary sewer overflows every time it rained. We were not getting the volume through there
that we needed to. We were able to come up with a short-term solution to address the sanitary sewer
overflows. The street department did do a relief sewer install. Neither of those are good long-term solutions.
We need to get the vortex structured cleaned. In order to do that we need that larger hatch. That’s a Sonner
versus later kind of a scenario.

MOTION CARRIED

MOTION BY ALDERMAN O’BRIEN TO TAKE FROM THE TABLE THE COMMUNICATION REGARDING
PUMP STATION UPGRADES DESIGN SERVICES
MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: Pump Station Upgrades Design Services — Final Design (Value: $461,569)

MOTION BY ALDERMAN O’BRIEN TO ACCEPT, PLACE ON FILE AND AWARD THE CONTRACT

TO WOODARD & CURRAN IN THE AMOUNT OF $461,569. FUNDS ARE AVAILABLE IN DEPARTMENT
169, WASTEWATER

Mayor Donchess

Before we open it to questions, Ms. Osborne, could you just explain what this contract will accomplish?