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7:00 pm

FINANCE COMMITTEE
MARCH 4, 2020

City Hall Auditorium — 3 Floor

ROLL CALL

PUBLIC COMMENT

COMMUNICATIONS

From:

From:
Re:

From:
Re:

From:
Re:

Tim Cummings, Economic Development Director
Notice of Change in Contract for Professional Fundraising Consulting Services with Full Circle
Consulting — Adding an additional 2 months of contract length and $8,000 in compensation

Dan Kooken, Purchasing Manager
Contract for Downtown Parking Study (Value: Not-To-Exceed $83,900) Department: 166 Parking
Operations; Fund: General

Dan Kooken, Purchasing Manager
Contract for 2020 Paving Program — Contract 1 (Value: $4,014,750) Department: 160
Admin/Engineering; Funds: Bond and Trust and 169 Wastewater; Fund: Bond

Dan Kooken, Purchasing Manager
Contract for 2020 Paving Program — Contract 2 (Value: $4,262,734) Department: 160
Admin/Engineering; Funds: Bond and Trust and 169 Wastewater; Fund: Bond

Dan Kooken, Purchasing Manager
Contract for 2020 Sewer Replacement Program (Value: $1,497,993) Department: 169 Wastewater;
Fund: Wastewater

Dan Kooken, Purchasing Manager
Contract for 2020 Landfill Gas Collection and Control System Expansion — Change Order 2 (Value:
$287,565) Department: 168 Solid Waste; Fund: Bond

Dan Kooken, Purchasing Manager
Contract for Single Stream Recycling — Amendment #2 — Two Year Extension (Value: Not-To-
Exceed $400,000) Department: 168 Solid Waste; Fund: Solid Waste

Dan Kooken, Purchasing Manager
Purchase of Hayes Pump, Fairbanks Pump Northgate Pump Station (Value: $30,307) Department:
169 Wastewater; Fund: Wastewater

UNFINISHED BUSINESS - None

NEW BUSINESS — RESOLUTIONS

NEW BUSINESS — ORDINANCES

RECORD OF EXPENDITURES

GENERAL DISCUSSION

PUBLIC COMMENT

REMARKS BY THE ALDERMEN
POSSIBLE NON-PUBLIC SESSION

ADJOURNMENT

THE CITY OF NASHUA “the Gate City

Economic Development

To: James Donchess, Mayor
From: T. Cummings, Economic Development Director
Ce:

Date: February 25, 2020
Re: Notice of Change in Contract for Professional Fundraising Consulting Services with Full

Circle Consulting — Adding an additional 2months of contract length and $8,000 in
compensation

The Office of Economic Development issued RFP 0265-040618 to request proposals for
professional fundraising services to the City of Nashua, through the Officer of Economic
Development related to raising private capital for the future Performing Arts Center.

This memo is being provided to update and provide notice to the Finance Committee that Full
Circle Consulting’s contract has been extended for additional two months starting in March and
will continue on through until the end of April. The basic scope of work and terms have not
changed. This is the 2" Amendment to the contract extending the length and adds an additional
$8,000 to the total contract. The source of funds for this project comes from the Downtown
Improvement Committee Trust Fund.

Thank you.

) THE CITY OF NASHUA “The Cate City’

Financial Services

Purchasing Department

February 27, 2020
Memo #20-085

TO: MAYOR DONCHESS
FINANCE COMMITTEE
SUBJECT: CONTRACT FOR DOWNTOWN PARKING STUDY (VALUE: NOT-TO-EXCEED

$83,900)
DEPARTMENT: 166 PARKING OPERATIONS; FUND: GENERAL

Please see attached communication from Tim Cummings, Directer of Economic Development dated
February 25, 2020 for the information related to this purchase.

Pursuant to § 5-78 Major purchases {greater than $10,000) A. All supplies and contractual services,
except as otherwise provided herein, when the estimated cost thereof shall exceed $10,000 shall be
purchased by formal, written contract from the lowest responsible bidder, after due notice inviting bids.

The Director of Economic Development and the Purchasing Department recommend award of this
contract in an amount not to exceed $83,900 to Desman Design Management of Boston, MA.

Respectfully,

an Kooken
Purchasing Manager

Cc: TCummings J Graziano

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

(gs) THE CITY OF NASHUA “The Gate City’

Economic Development Division — Parking Department
Office of the Mayor

TO: Dan Kooken, Purchasing Manager
FROM: Tim Cummings, Director of Economic Development
DATE: February 25, 2020

SUBJECT: Downtown Parking Study (Value: $83,900.00)

The Economic Development Division is requesting approval to contract with Desman Design
Management, of Boston, Massachusetts for a parking study of downtown Nashua in the amount
not to exceed $83,900.00.

In response to the request for proposal, RFP0657-102419 City of Nashua Downtown Parking
Study that was released on September 24, 2019, the City received proposals from four firms.
All four firms were interviewed by a team of City personnel which consisted of members from
the Economic Development Division and Parking Department, Planning and Transportation
Departments, and a member from the Engineering Department. After a thorough review of the
proposals, interviews, and careful consideration the team recommended the selection of
Desman Design Management for the downtown parking study project.

The contract’s service area will encompass all metered, non-metered, and reserved on-street and
off-street parking in the downtown, to include, public and private parking lots, parking garages,
and on-street parking. Desman Design Management shall perform all work in accordance to the
attached contract including Exhibit A — General Conditions for Contracts along with all of the
services listed on Exhibit B — Scope of Services, Contract Time, and Fee Schedule. The project
will last approximately six months and is scheduled to be completed by September 30, 2020.

Thank You.

229 Main Street, Suite 234 * Nashua, New Hampshire 03060 « Phone (603) 589-3205

CONTRACT FOR PROFESSIONAL SERVICES

TITLE

A CONTRACT BETWEEN

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

DESMAN Design Management

and ifs successors, transferees and assignees
NAME AND TITLE OF SERVICE PROVIDER

18 Tremont Street, Suite 300 Boston, MA 02108

ADDRESS OF SERVICE PROVIDER

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

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

WHEREAS, Service Provider 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--Scope of Services, Contract Time, Fee Schedule

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, Service Provider shall

furnish all services, equipment, and materials and shalt perform all operations necessary and required to
carry out and perform in accordance with the terms and conditions of the contract the work described.

AG 1 of3

3, PERIOD OF PERFORMANCE. Service Provider shall perform and complete all work by September 30,

2020 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. Service
Provider shall begin performance upon receipt of an Executed Contract and a valid Purchase Order issued
from the City of Nashua.

4, COMPENSATION. Service Provider agrees to perform the work for a total cost not to exceed
Eighty-Three Thousand and Nine Hundred Dollars Dollars ($ 83.900 }

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

Unless Service Provider has received a written exemption from the City of Nashua, Service Provider 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 Service
Provider's right to payment as the City of Nashua may reasonably require. Service Provider shall submit
monthly requests for payment for services performed under this agreement shall be submitted as follows:

> Electronically via email to VendorAPlayoices a NashuaN Ll vo.
OR

> Paper Copies via US Mail to:

City of Nashua, City Hall
Accounts Payable

229 Main Street

Nashua, NH 03060

Pleasedonot submit invoices both electronically and paper copy.

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, Service Provider agrees to provide the following with each request for payment:

i. 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 appreved budget.

The City of Nashua will pay for work satisfactorily completed by Service Provider. The City of Nashua
will pay Service Provider 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.

AG Z of 3

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:
Andrew 5. Hill, Senior Assaciate
18 Tremont St. Ste. 300
Boston, MA 02108

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 Service Provider 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.
AHL
City of Nashua, NH (signature) DESMAN Design Managefhent (signature)
James Donchess, Mayor An ATT TE) Cave AG HELE. VP
(Printed Name and Title) (Printed Name and Titie) ,
————— __ 2-24-25
Date Date

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EXHIBIT A
TABLE OF CONTENTS
GENERAL CONDITIONS

DEFINITIONS

SERVICE PROVIDER 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
NONDISCREMINATION

ENDORSEMENT

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

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General Terms and Conditions

DEFINITIONS Unless otherwise required by the context, "Service Provider”, and its successors,
transferees and assignees (together “Service Provider”) includes any of the Service Provider's
consultants, sub consultants, contractors, and subcontractors

SERVICE PROVIDER STATUS The parties agree that Service Provider shall have the status of and
shall perform all work under this contract as a Service Provider, maintaining control over all its
consultants, sub consultants, contractors, or subcontractors. The only contractual relationship
created by this contract is between the City of Nashua and Service Provider, and nothing in this
contract shall create any contractual relationship between the City of Nashua and Service
Provider's consultants, sub consultants, contractors, or subcontractors. The parties also agree that
Service Provider is not a City of Nashua employee and that there shall be no:

(1) Withholding of income taxes by the City of Nashua:

(2) Industrial insurance coverage provided by the City of Nashua;

(3) Participation in group insurance plans which may be available to employees of
the City of Nashua;

(4) Participation or contributions by either the Service Provider or the City of
Nashua to the public employee’s retirement system;

(5} Accumulation of vacation leave or sick leave provided by the City of Nashua:

(6) Unemployment compensation coverage provided by the City of Nashua.

STANDARD OF CARE Service Provider shall be responsible for the professional quality,
technical accuracy, timely completion, and coordination of all work performed under this
contract. Service Provider warrants that all work shall be performed with the degree of
professional skill, care, diligence, and sound practices and judgment that are normally exercised
by recognized professional firms with respect to services of a similar nature. It shall be the duty
of Service Provider to assure at its own expense that all work is technically sound and in
conformance with all applicable federal, state, and local laws, statutes, regulations, ordinances,
orders, or other requirements. In addition to all other rights which the City of Nashua may have,
Service Provider shall, at its own expense and without additional compensation, re-perform work
to correct or revise any deficiencies, omissions, or errors in the work or the product of the work or
which result from Service Provider's failure to perform in accordance with this standard of care.
Any approval by the City of Nashua of any products or services furnished or used by Service
Provider shall not in any way relieve Service Provider of the responsibility for professional and
technical accuracy and adequacy of its work. City of Nashua review, approval, or acceptance of,
or payment for any of Service Provider's work under this contract shall not operate as a waiver of
any of the City of Nashua's rights or causes of action under this contract, and Service Provider
shall be and remain liable in accordance with the terms of the contract and applicable law.

Service Provider shall furnish competent and skilled personnel to perform the work under this
contract, The City of Nashua reserves the right to approve key personnel assigned by Service
Provider to perform work under this contract. Approved key personnel shall not be taken off of
the project by Service Provider without the prior written approval of the City of Nashua, except in
the event of termination of employment. Service Provider shall, if requested to do so by the City
of Nashua, remove from the job any personnel whom the City of Nashua determines to be
incompetent, dishonest, or uncooperative,

City OF NASHUA REPRESENTATIVE The City of Nashua may designate a City of Nashua
répresentative for this contract, If designated, all notices, project materials, requests by Service

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