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or invisible infrared signal to a receiver, which is mounted on or near the traffic signal. When the receiver
detects a recognized signal, the notified (a floodlight mounted on or near the traffic signal) is activated as
the traffic signals change to allow priority access as requested.

Generally, Opticom systems can be installed to simply recognize any confirmed preemption signal. or
they can be further customized and linked to computer-aided dispatch systems that are capable of
identifying which emergency vehicle pre-empted the signal, as well as the time and direction of travel
when the signal was pre-empted. Using this identifying capability, Opticom systems can even be used to
determine preemption priority when two signals are received at the same time. For example, some regions
(Seattle, for example) also use Opticom systems with public transportation, to ensure buses remain on
time, and the priority capability would allow a police car or fire truck to “trump” a bus for the green light.

Library Park
The Library Plaza Project includes three (3) independent but related improvement phases. While the

vision of the site is to complete all three phases together in the interest of creating a vibrant and engaging
space that is complimentary to the public library, the project can be funded and constructed in phases.
Below please find three (3) images for reference, a phasing diagram, concept plan showing site elements,
and angular aerial rendering of the completed site.

Phases are contemplated are as follows - Phase | focuses on a reconstruction of the Library Entry
Courtyard including but not limited to complete walkway reconstruction, lighting, arborvitae, stormwater
infrastructure, bicycle infrastructure, and an outdoor classroom Phase 2 includes the construction of
playground area, associated recreational activity equipment, and multi-use sports court. Phase 3, which
would complete the site improvements, includes the construction of reading rooms, creation of an open
performance space/amphitheater, new walkway/ramp construction, and additional arborvitae plantings

The project is 100% designed and is awaiting construction funding. The ARPA request would allow for

two of the 3 phases to occur and due to construction price escalation some of the phases made need to be
modified to accommodate the available funding. The designs below help provide a visual representation
of what could be potentially achieved understanding that not everything may be accomplished.

A en COR LL oad

PHASE ONE

PHASE ONE

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Cy THE CITY OF NASHUA "The Gate City’

Office of Economic Development

TO: Board of Aldermen

FROM: Tim Cummings, Economic Development Director
Date: May 17 2022

RE: ARPA Funding Framework

Request

| am writing to request a meeting to discuss and approve the enclosed framework for spending
based on the funding that came in through the American Recovery Plan Act (“ARPA”).

Background
Municipalities across the nation are the beneficiaries of a significant influx of federal funds via

the American Rescue Plan Act (“ARPA”). The City of Nashua will receive $16,138,777 in total
ARPA funds. The first of two installment payments of $8,069,388.50 was received in May of
2021. We anticipate receiving the second installment this month (May 2022). The Board of
Aldermen have already accepted and appropriated these funds through the adoption of R-21-167

at its meeting on November 9, 2021.

Over the past six months, the Office of Economic Development with the assistance of Financial
Services and the Office of the Mayor undertook a community outreach effort to discuss an
appropriate framework. We offered residents an opportunity to provide feedback on the draft
framework for spending ARPA funding and we first presented to the Board of Aldermen in

September of 2021.

Additionally, we brought on iParametrics to help guide our decision-making and to assist in the
compliance reporting.

Financing Mechanics
Based on the advice of our consultant it is their recommendation that the City use “revenue

replacement” for the ARPA funds. Revenue Replacement is a category a local government may
use to expend ARPA money on a board range of general government services. We anticipate that
the City of Nashua through the U.S Treasury guidance will be eligible to spend the entire ARPA
allocation through this method. As noted above, the City of Nashua accepted and appropriated
these funds as a grant. Accordingly, this grant will not lapse and the funds will be available for
the planned expenditures detailed in the enclosed attachment

Thank you.

229 Main Street, Suite 234 * Nashua, New Hampshire 03060 - Phone (603) 589-3106

ARPA PLAN

$/10/2022
FISCAL YEAR 2022 Venn o993 FISCAL YEAR 2024 FISCAL YEAR 2025
PROJECT CATEGORY (01/01/22 - (07/01/22. 06/30/23) (07/01/23 - (07/01/24 - 12/31/24) 6 TOTAL
06/30/22) 06/30/24) Mths
REVENUE REPLACEMENT FY °22 $ 1,200,000.00 1,200,000.00
HOUSING TRUST FUND $ 10,000,000.00 10,000,000.00
MUNICIPAL CAPITAL REQUESTS
BACK-UP SERVER {IT} $ 500,000.00 $00,000.00
FIRE EQUIPMENT / ALARM 5 850,000.00 850,000.00
POLICE - RECORD MANAGEMENT & GATE s 650,000.00 650,000 00
INFRASTRUCTURE PROJECTS
MAIN STREET & WEST HOLLIS STREET 5 600,000.00 600,000.00
LIBARARY PARK PROJECT $ 1,500,000.00 1,500,000.00
OPITCON SYSTEM $ 600,000.00
ARPA PROGRAM SUPPORT 5 15,000.00 $ 35,000.00 $ 75,000.00 §$ 75,000.00 200.000.00
TOTAL $ 1,215,000.00 $ 14,735,000.00 $ 75,00000 $ 75,000.00 16,100,000 .00
POTENTIAL ARAPA FUNDS 16,138,777.00
PROJECTED SPENDING 16, 100,000.00
BALANCE

38,777.00

) THE CITY OF NASHUA "The Cate Cay"

Economic Development

To: L. Wilshire, President
From: T. Cummings, Director
Ce: Members of the Board of Aldermen

Date: June 9, 2022

Re: Communication - Approval & Place on File A Contract for Professional Engineering
Services related to the Nashua Downtown Riverfront Implementation Project with H.L. Turner

Group

The Tax Increment Financing Development Program and Financing Plan adopted by the Board
through the passage of O-18 -006, states that the City Economic Development Director shall be
the Administrator of the District and shall have the power to, inter alia, “negotiate and sign,
upon the approval of the Board of Aldermen, any contracts relative to the design, engineering,
construction, or operations of any phase or component of the activities proposed under this
Plan.”

A copy of the Professional Engineering Services Contract related to the Nashua Downtown
Riverfront Implementation Project with H.L. Turner Group, Inc., along with Exhibits outlining
the scope and basis for fees as previously approved is attached. As shown the contract is the
City’s standard Professional Engineer services contract.

It was decided to break the work up into a phased approach where prior authorization for specific
tasks will be required. The first phase will be putting specific detail on the cantilevered
boardwalks and a Purchase Order will be issued for $350,000.00 to H.L. Turner for their design
services, It is anticipated that as work is completed additional authorization would occur. The
total contract is for $404,340.00 and the source of funds is the TIF account created to implement

the downtown riverfront project.

& CONTRACT FOR PROFESSIONAL SERVICES

A CONTRACT BETWEEN

THE CITY OF NASHUA
229 MAIN STREET, CITY HALL, NASHUA, NH 03060

AND

H.L. Turner Group, Inc.

NAME AND TITLE OF PROFESSIONAL ENGINEER

27 LOCKE ROAD
Concorpb, NH 03301

ADDRESS OF PROFESSIONAL ENGINEER

WHEREAS, the City of Nashua, a political subdivision of the State of New Hampshire, from time
to time requires the services of a Professional Engineer ; and

WHEREAS, it is deemed that the services of a Professional Engineer herein specified are both
necessary and desirable and in the best interests of the City of Nashua; and

WHEREAS, Professional Engineer represents they are duly qualified, equipped, staffed, ready,
willing and able to perform and render the services hereinafter described;

Now, THEREFORE, in consideration of the agreements herein made, the parties mutually agree as
follows:

1. DOCUMENTS INCORPORATED. The following exhibits are by this reference incorporated herein and are
made part of this contract:

Exhibit A - General Conditions for Contracts
Exhibit B - The H.L. Turner Group, Inc. Dated May | 1" Proposal
w/ a Preamble outlining a phased approach
Project Understanding / Scope of Work / Budget / Schedule and Basis for Fees

The Contract represents the entire and integrated agreement between the parties and supersedes prior
negotiations, proposals, representations or agreements, either written or oral. Any other documents which
are not listed in this Article are not part of the Contract.

In the event of a conflict between the terms of the Proposal and the terms of this Agreement, a written
change order and/or fully executed City of Nashua Purchase Order, the terms of this Agreement, the written
change order or the fully executed City of Nashua Purchase Order shall control over the terms of the

Proposal.

2. WORK TO BE PERFORMED Except as otherwise provided in this contract, Professional Engineer shall
furnish all services, equipment, and materials and shall perform all operations necessary and required to

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carry out and perform in accordance with the terms and conditions of the contract the work described.

3. PERIOD OF PERFORMANCE. Professional Engineer shall perform and complete all work by January 09,
2023 which date shall only be altered by mutually approved written agreement to extend the period of
performance or by termination in accordance with the terms of the contract. Professional Engineer shall
begin performance upon receipt of an Executed Contract and a valid Purchase Order issued from the City

of Nashua.

4. COMPENSATION, Professional Engineer agrees to perform the work for a total cost not to exceed
Dollars ($404,340.00 )

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

Unless Professional Engineer has received a written exemption from the City of Nashua, Professional
Engineer shall submit monthly requests for payment for services performed under this agreement in
accordance with the values stated in the Agreement. Such requests shall be supported by such data
substantiating the Professional Engineer’s right to payment as the City of Nashua may reasonably require.
Professional Engineer shall submit monthly requests for payment for services performed under this
agreement shall be submitted as follows:

> Electronically via email to VendorAPinvoices@NashuaNH.gov

OR
>» Paper Copies via US Mail to:

City of Nashua, City Hall
Accounts Payable

229 Main Street

Nashua, NH 03060

Please do not submit invoices both electronically and paper capy.

In addition, and to facilitate the proper and timely payment of applications, the City of Nashua requires
that all submitted invoices contain a valid PURCHASE ORDER NUMBER.

Requests for payment shall be submitted no later than fifteen (15) days after the end of each month and
must include a detailed summary of the expenditures reported in a form that supports the approved budget.
Specifically, Professional Engineer agrees to provide the following with each request for payment:

1. Appropriate invoice forms. The forms shall include the project purchase order number, a listing
of personnel hours and billing rates, and other expenditures for which payment is sought.

2. A progress report. The report shall include, for each monthly reporting period, a description of
the work accomplished, problems experienced, upcoming work, any extra work carried out, and a
schedule showing actual expenditures billed for the period, cumulative total expenditures billed
and paid to date under the contract, and a comparison of cumulative total expenditures billed and

paid to the approved budget.

The City of Nashua will pay for work satisfactorily completed by Professional Engineer. The City of
Nashua wil! pay Professional Engineer within 30 days of approval by the City of Nashua of the submitted
invoice forms and progress reports. The City of Nashua will make no payments until the invoice forms and
progress reports have been submitted and approved.

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5. EFFECTIVE DATE OF CONTRACT, This contract shall not become effective until and unless approved
by the City of Nashua.

6. NOTICES. All notices, requests, or approvals required or permitted to be given under this contract shall
be in writing, shall be sent by hand delivery, overnight carrier, or by United States mail, postage prepaid,
and registered or certified, and shall be addressed to:

CITY OF NASHUA REPRESENTATIVE: REPRESENTATIVE:

Tim Cummings John Lavigne, Jr., PE, CFM
Director of Economic Development The H.L. Turner Group, Inc.
City of Nashua 27 Locke Road

Concord, NH 02111-2200

Any notice required or permitted under this contract, if sent by United States mail, shall be deemed to be
given to and received by the addressee thereof on the third business day after being deposited in the mail.
The City of Nashua or Professional Engineer may change the address or representative by giving written
notice to the other party.

IN WITNESS WHEREOF, the parties hereto have caused this contract to be signed and intend to be legally
bound thereby.

City of Nashua, NH (signature) The H.L, Turner Group (signature)

Tim Cummings. Dir. Econ. Dev. John Lavigne, Jr.. Lead Civil Engineer
(Printed Name and Title) (Printed Name and Title)

Date Date

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EXHIBIT A
TABLE OF CONTENTS
GENERAL CONDITIONS

DEFINITIONS

PROFESSIONAL ENGINEER STATUS
STANDARD OF CARE

CITY OF NASHUA REPRESENTATIVE
CHANGES TO SCOPE OF WORK
CITY OF NASHUA COOPERATION

DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR

DISCREPANCIES
TERMINATION OF CONTRACT

DISPUTE RESOLUTION

NO DAMAGES FOR DELAY

INSURANCE

INDEMNIFICATION

FISCAL CONTINGENCY

COMPENSATION

COMPLIANCE WITH APPLICABLE LAWS
NONDISCRIMINATION

ENDORSEMENT

ASSIGNMENTS, TRANSFER, DELEGATION, OR SUBCONTRACTING
CITY INSPECTION OF CONTRACT MATERIALS
DISPOSITION OF CONTRACT MATERIALS

PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS
FINAL ACCEPTANCE

TAXES

NON-WAIVER OF TERMS AND CONDITIONS

RIGHTS AND REMEDIES

PROHIBITED INTERESTS

THIRD PARTY INTERESTS AND LIABILITIES
SURVIVAL OF RIGHTS AND OBLIGATIONS
SEVERABILITY

MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT
CHOICE OF LAW AND VENUE

TIME IS OF THE ESSENCE

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