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Finance Committee - 7/5/2017 Page 5

ON THE QUESTION

Alderman Cookson

| just wanted to share that | did ask a question of Mr. Kooken again this afternoon in an e-mail which you were
copied on with regard to this. Article 6 Owner is identified and paragraph one says, “Except for permits and
fees which are the responsibility of the Contractor, the Owner shall obtain and pay for other necessary
approvals, easements, assessments, and charges.” So my question to Mr. Kooken at that particular point in
time was that what other approvals, easements, assessments, or charges does the city foresee above and
beyond the responsibility of the contractor since we’re going to be paying the contract $162,000 and Mr.
Mendola of the Street Construction Engineer advised that there are no approvals, easements, assessments, or

charges foreseen above and beyond those that are the responsibility of the contract. My question has been
answered satisfactorily.

Mayor Donchess
Thank you. Anything else?
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

ON THE QUESTION

Alderman Cookson

Mr. Mayor are we going out of order and we’re taking the last communication?

Mayor Donchess

Yes. Alderman O’Brien skipped one but we might as well just go ahead with this one.

Alderman Cookson

That's fine.

Mayor Donchess

You've heard the motion pertaining to the wastewater pump stations. Any discussion? Questions?
Alderman Cookson

| have a question. The first question | had on this particular one was within the contract, the termination clause
was stricken from the contract. Again the response that I’ve received from Kathy Kerrigan, DPW Contract
Administrator. The city’s termination clause replaces the vendor’s and is attached to the contract. Our
termination was cancelled or does the city have a termination clause that’s within the contract?

Dan Kooken

The city has a termination clause.

Finance Committee - 7/5/2017 Page 6
Alderman Cookson

So that’s why it was struck out from Curran and Wood. Okay. My second question was with regard to indirect
costs total. It was how was the rate of 2.02 determined? How was the base rate of $168,290 determined? The
response that | received, again, from Kathy Kerrigan was that the 2.02 indirect cost rate is an audited overhead
rate. There was an error in the base rate on the attachment. The correct base rate is less than the $168,290
and it’s actually $126,728. It says the “incorrect attachment was included with the contract document.” So I’m
not sure if everybody within the committee has received an updated contract.

Dan Kooken

They have not.

Alderman Cookson

So that number is incorrect. $168,290 has been reduced to $126,728. My third question was my
understanding of the contract is to pay Woodward and Curran $461,000 to project manage - final design
engineering and bid documents permitting, cost estimating, and bid assistance. They will not be implementing
the final design. The response | received from Kathy Kerrigan was that Woodward and Curran will be
implementing the final design. So | do have a question with regard to this. As | read the contract, it appeared
to me that they were only going to project manage. That they were going to provide an engineer that would
project manage, would assist with the bidding, help work with city employees to make sure that it was properly
put out. But it didn’t seem to me that they were actually going to be doing the work of the final selection. They
were going to be assessing all the bids. | don’t know if they could submit a bid themselves but they were going
to be assessing the bids and helping determine or making a recommendation for who they would select to do
the final design work. What am | misunderstanding?

Dan Kooken

Just a slight correction. Kathy Kerrigan only supplied the changes to the contract. Bill Keating answered those
questions. Just to set the record straight on that.

Alderman Cookson

Thank you.

Dan Kooken

My understanding is that they will participate in the next step of the process.

Alderman Cookson

They will submit a bid and they may be one of the bids that’s selected to actually do the final design?
Dan Kooken

That’s my understanding, yes.

Alderman Cookson

Wow. That seems a little...

Finance Committee - 7/5/2017 Page 7

Mayor Donchess

Although it would be up to us this committee as well as the Board of Public Works to decide to whom the
contract would be awarded. | mean these people are not going to make that decision.

Alderman Cookson

Well within the contract it says they make the recommendation. They’re providing a recommendation to city
personnel as to who they would select.

Mayor Donchess

Yes and we're not disagreeing because they can recommend and we can follow...
Alderman Cookson

They can recommend themselves?

Mayor Donchess

| suppose they could.

Alderman Cookson

Okay. That seems like the absolute worst idea.

Mayor Donchess

Now I’m not sure we would follow that recommendation but. How would you like to proceed? Do you want to
try to include a provision saying that they can’t recommend themselves?

Alderman Cookson
| just want to know if they are in fact going to submit a bid.

Mayor Donchess

| think we expect they could but we don’t know for sure if they’re going to bid or not. Just like anyone else, we
don’t always get a bid on this. We develop a final design. We put out a bid. We don’t know who’s going to bid
until the bids are received.

Alderman Cookson
Just seems that they've been doing a lot of work along the way. They've done two previous phases and now —
I’m not sure why we’re giving them a seat at the table to help develop the documents that are going to be used

to assess a bid and then have them bid themselves. I’ve got a great idea. Here’s the criteria. | don’t need to
look at anybody else. I’m just going to select our team. | don’t agree with it.

Mayor Donchess

Two questions. Number one — do you want to bring someone in from Public Works, Engineering, who is more
knowledgeable and an expert in this to discuss this question? That’s number one.

Finance Committee - 7/5/2017 Page 8
Alderman Cookson
By all means.

Mayor Donchess

Number two — | mean we could attempt to include a provision saying they can’t bid. Whether that’s wise or not,
I’m not sure but that could be done. Right? | infer that you would like to bring someone from Public Works to
discuss.

Alderman Cookson

| think that would help the conversation.

Mayor Donchess

No problem.

Alderman Cookson

| will add one additional comment to a question that | did ask. Again all the members of the committee if you'd
like to look at the documentation on page 5 of attachment 1 is a figure called “estimated project schedule”. It
appears that the project is to be concluded in March of 2017. My question was how in the world is that
possible? More importantly is this the attention to detail that we should expect from Woodward and Curran to
oversee the final design and pay them $461,000? It is clearly a mistake in an Excel spreadsheet where they
failed to update the fiscal year going from 17 to 18. But $461,000 for them to project manage and | mean this

is just one example of where they made an erroneous diagram that is supposed to help us understand how
they're going to project manage this entire program.

Mayor Donchess

All right so we will get the appropriate people from Public Works to come in to the next meeting of the Finance
Committee to discuss this. | assume then that is in substance a motion to hold this matter until the next
meeting?

MOTION BY ALDERMAN COOKSON TO TABLE UNTIL THE NEXT MEETING AND HAVE A MEMBER
FROM PUBLIC WORKS DISCUSS THIS IN MORE DETAIL

ON THE QUESTION

Alderman Wilshire

| just wondered if there was any time sensitivity to this. Do we know?

Mayor Donchess

| don’t think there is. This is along...

Dan Kooken

| don’t believe so. It’s been a long process right now and that will probably continue a little bit.

Mayor Donchess

It’s a significant contract. Any other discussion?

Finance Committee - 7/5/2017 Page 9
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

Alderman Cookson

So the main issue with this particular contract is that at the vortex the original installation of the vortex the
access manhole was not centered over the vortex therefore leaving no access to clean the vortex. There is a
new larger opening centered over the vortex structure. Or they need a new larger opening centered over the
vortex structure. My question was who constructed the original vortex and when? | was wondering if there
was any responsibility for not specifically centering that manhole cover over the vortex. Who signed off on it?
Who signed off on the final construction? So I’m told that AECom designed the vortex and construction was

completed by Methuen Construction in 2009. Again, | don’t know if there is any responsibility by Methuen at
this point to say rather than agreeing to a change order for $16,000?

Mayor Donchess

And here you would like us to check into the possibility of liability or whatever?

Alderman Cookson

Correct.

Mayor Donchess

Okay. No problem. Are you suggesting you think we should hold this or you just want the explanation?
Alderman Cookson

I'd love discussion. lI’d love to hear what everybody else thinks with regard to this. Is it worth spending

$16,000 to correct it or is Methuen responsible in any way and should they be responsible for correcting the
issue which they didn’t actually construct it. | don’t know if there are specs.

Mayor Donchess

Again we would need to get those questions answered in detail. The wastewater experts to come in and
discuss that which again there’s no problem. Again | infer that this is a motion to table to the next meeting?

Alderman Cookson

| wouldn’t make the motion at this point. I’d like to really Know what my colleagues think with regard to the
original communication and the request for $16,000 and what they believe would be the best course of action.

Mayor Donchess

Does anyone have any thoughts on it?

Finance Committee - 7/5/2017 Page 10
Alderman O’Brien

I’m not against tabling it. | think that would be prudent. What my concern is how long would the litigation trying
to retract the money from the original and what is the need of this right now? The need may be to probably
push this in the future and that’s one of the questions that maybe we should ask as well too. We might have to
eat this until further litigation. Maybe it might go on in the future with that particular company if a mistake was
made to retract it. This might be something that might be important to the whole situation there.

Mayor Donchess

If there is potential liability, we can’t wait on doing this contract until that’s resolved because that will be a long
way down the road.

As a member of the committee when | served as an Alderman of course is this committee is when a committee
member wanted unless there was some huge urgency, if a committee member wanted more information, |
always supported that and | don’t see any problem with trying to provide as much oversight as we can in terms
of trying to save money, or recover money, or whatever. Unless anyone objects, | will support the motion to
table.

MOTION CARRIED

Mayor Donchess

We will have the appropriate people come in on those last two items to discuss them in more detail at the next
meeting of the Finance Committee which | believe is July 19".

MOTION BY ALDERMAN O’BRIEN THAT THE RULES BE SO FAR SUSPENDED AS TO ALLOW THE
INTERJECTION OF A COMMUNICATION RECEIVED AFTER THE AGENDA WAS PREPARED
MOTION CARRIED

From: Sarah Marchant, Director of Community Development
Re: R-17-111, Amendment to the Lease for the Heritage Rail Trail and Community Garden

MOTION BY ALDERMAN O’BRIEN TO ACCEPT AND PLACE ON FILE

ON THE QUESTION

Alderman Cookson

Could we have a moment to read, and look at the map, and maybe have it explained to us.

Mayor Donchess

Yes. Now this is going to Infrastructure as well where you would really go over the details of the property. I’m
not sure we need to take action on this tonight. We have before us the resolution. | think in terms of sorting
out the details of the move, | would defer it to Infrastructure.

Alderman Cookson

| know that Ms. Lovering had forwarded this communication onto us and our agenda which will be on the 12",
next Wednesday.

Finance Committee - 7/5/2017 Page 11

Mayor Donchess

| think they will come before your committee and show you this in detail. Basically it has to do with the
pedestrian bridge which we received a grant to build and which could impact this a little bit — the pathway to it.
You'll hear all that in the Infrastructure meeting.

Alderman Cookson

That pedestrian bridge is before Planning right now?

Mayor Donchess

It got a positive recommendation from the Conservation Commission. Now it goes to the ZBA because it exists
with the buffer. Therefore ZBA needs to consider it.

So we’ve accepted the communication but when we get to the resolution on the agenda, | think we should
defer to Infrastructure and accept their recommendation.

MOTION CARRIED

UNFINISHED BUSINESS — None

NEW BUSINESS — RESOLUTIONS

R-17-111
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
Alderman Tom Lopez
Alderwoman Mary Ann Melizzi-Golja
Alderman Richard A. Dowd
Alderman Sean M. McGuinness
Alderman Ken Siegel
AUTHORIZING THE CITY OF NASHUA TO AMEND THE LEASE FOR THE HERITAGE RAIL TRAIL
COMMUNITY GARDEN

e Also assigned to the Committee on Infrastructure

MOTION BY ALDERMAN COOKSON TO TABLE R-17-111
MOTION CARRIED

NEW BUSINESS — ORDINANCES — None

RECORD OF EXPENDITURES

MOTION BY ALDERMAN O’BRIEN THAT THE FINANCE COMMITTEE HAS COMPLIED

WITH THE CITY CHARTER AND ORDINANCES PERTAINING TO THE RECORD OF EXPENDITURES
FOR THE PERIOD JUNE 4, 2017 TO JUNE 15, 2017

ON THE QUESTION

Alderman Cookson

Mr. Mayor | made a request earlier off of the public record which Treasurer Fredette said he was going to look

into to determine if there were personnel that were receiving paychecks. We were researching their current
status with the city.

Finance Committee - 7/5/2017 Page 12
Mayor Donchess

He’s going to look into that.

Alderman Cookson

Yes thank you.

MOTION CARRIED

PUBLIC COMMENT - None

GENERAL DISCUSSION

Alderman Cookson

| thought the Finance Committee did a wonderful job in approving the expenditure for the fireworks that we got
to watch last night. It was amazing. It was a wonderful show. | wanted to thank you, and the Parks and Rec.,
and all the staff and the employees that made last night happen: Nashua PD, Nashua Fire. They did an

outstanding job and it was a fun event. The Spartans Drum & Bugle Corps., NH Symphony. My daughter
absolutely loved the evening and kudos to you and your staff Mr. Mayor.

Mayor Donchess

| thought everybody did a great job too. The Public Works, the Police Department and everybody. The field
was in great shape as usual. It has always been my view that for a relatively small amount of money within a
$258 million city budget, that money is well spent. We get a great show. Thousands of people see it and it
makes for a really good 4" of July.

Alderman Cookson

It’s the premiere show in Southern New Hampshire.

Mayor Donchess

Thank you for your comments. Anyone else?

POSSIBLE NON-PUBLIC SESSION - None

ADJOURNMENT

MOTION BY ALDERMAN WILSHIRE TO ADJOURN
MOTION CARRIED

The Finance Committee meeting was adjourned at 7:35 p.m.

Alderman Michael O’Brien
Committee Clerk

e
Community Development
City of Nashua Planning and Zoning

Community Development Division Eade eamenent
City Hall, 229 Main Street, PO Box 2019 Troncporteston Department
Nashua, New Hampshire 03061-2019 FAX

www.nashuanh.gov

To: Dan Kooken, Purchasing Manager
From: Sarah Marchant, Director of Community Development
Date: July 3, 2017

Re: R-17-111 Amendment to the Lease for the Heritage Rail Trail and Community Garden

589-3095
589-3090
589-3080
589-3100
589-3085
880-0100
589-3119

In 2016 the City amended its lease with Gate City Community Gardens, Inc to expand the
footprint by 5,500 SF east of Everett Street and consent to an assignment of the lease from Gate
City Community Gardens, Inc to Great American Downtown.

In the spring of 2017 the Community Development Division was working with NH DOT for
final engineering approval of the TAP Grant project, to build a trail connection from the Heritage
Rail Trail at its intersection with Everett Street, down Everett St, across Ledge St and to
construct a new pedestrian bridge over the canal to connect to Mine Falls Park. To make the
connection between the Heritage Rail Trail and the new trail along Everett Street ADA
compliant the City needs to utilize more land than originally anticipated, as there is a significant
change in slope. Working with Great American Downtown they agreed to release approximately
1,900 SF of area along the trail granted in 2016 to accommodate the new trail connection. To
make up that space and meet their needs to expand, they have requested permission to expand
the gardens on the south side of the Heritage Rail Trail as depicted on the attached map.

The 3™ lease amendment before you is to release 1,900 SF of previously leased area adjacent to
Everett Street to accommodate the new trail connection, and create a new 11,000 SF lease area
on the south side of the trail.

3.03 BACKFILL PLACEMENT AND COMPACTION:

A. GENERAL:

1.

2.

Prior to backfilling, the Contractor shall compact the exposed natural sub-grade
to the densities as specified herein.
After approval of sub-grade by the Engineer, the Contractor shall backfill areas
to required contours and elevations with specified materials.
The Contractor shall place and compact materials to the specified density in
continuous horizontal layers. The degree of compaction shall be based on
maximum dry density as determined by ASTM Test D 1557, Method C. The
minimum degree of compaction for fill placed shall be as follows:
Percent of

Location Maximum Density
Below pipe centerline 95
Above pipe centerline 92
Below pavement (upper 3 ft.) 95
Embankments 95
Below pipe in embankments 95
Adjacent to structures 92
Below structures 95
The Engineer reserves the right to test backfill for conformance to the
specifications and Contractor shall assist as required to obtain the information.
Compaction testing will be performed by the Engineer or by an inspection
laboratory designated by the Engineer, engaged and paid for by the Contractor.
If test results indicate work does not conform to specification requirements, the
Contractor shall remove or correct the defective Work by re-compacting where
appropriate or replacing as necessary and approved by the Engineer, to bring
the work into compliance, at no additional cost to the Owner. All backfilled
materials under structures and buildings shall be field tested for compliance
with the requirements of this specification.
Where horizontal layers meet a rising slope, the Contractor shall key each layer
by benching into the slope.
If the material removed from the excavation is suitable for backfill with the
exception that it contains stones larger than permitted, the Contractor has the
option to remove the oversized stones and use the material for backfill or to
provide replacement backfill at no additional cost to the Owner.
The Contractor shall remove loam and topsoil, loose vegetation, stumps, large
roots, etc., from areas upon which embankments will be built or areas where
material will be placed for grading. The sub-grade shall be shaped as indicated
on the Drawings and shall be prepared by forking, furrowing, or plowing so that
the first layer of the fill material placed on the sub-grade will be well bonded to
the sub-grade.

2022 Sewer Replacement Project Earthwork

Nashua, NH

02300-6