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breach, or modification of any of the terms and conditions of the contract unless expressly
stipulated to by the City of Nashua in a written waiver.

RIGHTS AND REMEDIES The duties and obligations imposed by the contract and the nghts and
remedies available under the contract shall be in addition to and not a limitation of any duties,
obligations, nghts, and remedies otherwise imposed or available by law.

PROHIBITED INTERESTS Service Provider shall not allow any officer or employee of the City of
Nashua to have any indirect or direct interest in this contract or the proceeds of this contract. Service
Provider warrants that no officer or employee of the City of Nashua has any direct or indirect
interest, whether contractual, noncontractual, financial or otherwise, in this contract or in the
business of Service Provider. If any such interest comes to the attention of Service Provider at any
time, a full and complete disclosure of the interest shall be immediately made in writing to the City
of Nashua. Service Provider also warrants that it presently has no interest and that it will not acquire
any interest, direct or indirect, which would conflict in any manner or degree with the performance
of services required to be performed under this contract. Service Provider further warrants that no
person having such an interest shall be employed in the performance of this contract. If City of
Nashua determines that a conflict exists and was not disclosed to the City of Nashua, it may
terminate the contract at will or for cause in accordance with paragraph 8.

In the event Service Provider (or any of its officers, partners, principals, or employees acting with
its authority) is convicted of a crime involving a public official arising out or in connection with
the procurement of work to be done or payments to be made under this contract, City of Nashua
may terminate the contract at will or for cause in accordance with paragraph 8. Upon termination,
Service Provider shall refund to the City of Nashua any profits realized under this contract, and
Service Provider shall be liable to the City of Nashua for any costs incurred by the City of Nashua
in completing the work described in this contract. At the discretion of the City of Nashua, these
sanctions shall also be applicable to any such conviction obtained after the expiration or completion
of the contract.

Service Provider warrants that no gratuities (including, but not limited to, entertainment or gifts)
were offered or given by Service Provider to any officer or employee of the City of Nashua with a
view toward securing a contract or securing favorable treatment with respect to the awarding or
amending or making of any determinations with respect to the performance of this contract. If City
of Nashua determines that such gratuities were or offered or given, it may terminate the contract at
will or for cause in accordance with paragraph 8.

The rights and remedies of this section shall in no way be considered for be construed as a waiver
of any other nghts or remedies available to the City of Nashua under this contract or at law.

THIRD PARTY INTERESTS AND LIABILITIES The City of Nashua and Service Provider, including
any of their respective agents or employees, shall not be liable to third parties for any act or
omission of the other party. This contract is not intended to create any rights, powers, or interest
in any third party and this agreement is entered into for the exclusive benefit of the City of Nashua
and Service Provider.

SURVIVAL OF RIGHTS AND OBLIGATIONS The rights and obligations of the parties that by their
nature survive termination or completion of this contract shall remain in full force and effect.

SEVERABILITY In the event that any provision of this contract is rendered invalid or unenforceable
by any valid act of Congress or of the New Hampshire legislature or any court of competent
jurisdiction, or is found to be in violation of state statutes or regulations, the invalidity or
unenforceability of any particular provision of this contract shall not affect any other provision, the
contract shall be construed as if such invalid or unenforceable provisions were omitted, and the

GC 10 of 11

30.

31.

32.

parties may renegotiate the invalid or unenforceable provisions for sole purpose of rectifying the
invalidity or unenforceability.

MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT This contract constitutes the entire
contract between the City of Nashua and Service Provider. The parties shall not be bound by or be
liable for any statement, representation, promise, inducement, or understanding of any kind or
nature not set forth in this contract. No changes, amendments, or modifications of any terms or
conditions of the contract shall be valid unless reduced to writing and signed by both parties.

CHOICE OF LAW AND VENUE This contract shall be governed exclusively by the laws of the State
of New Hampshire and any claim or action brought relating to this contract, the work performed or
contracted to be performed thereunder, or referable in anyway thereto shall be brought in
Hillsborough County (New Hampshire) Superior Court Southern Judicial District or in the New
Hampshire 9th Circuit Court—Nashua and not elsewhere.

HAZARDOUS MATERIALS Thornton Tomasetti shall have no responsibility for the discovery,
presence, handling, removal or disposal of or exposure of persons to hazardous materials in any
form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated
biphenyl (PCB), bacteria, mold, fungi, lead based paints or other similar materials or other toxic
substances, infectious materials, or contaminants.

GC 11 of 11

Exhibit B - Scope of Services and Fee Summary for City of Nashua Parking Garage Study - Thornton-Tomasetti

Scope Estimated Proposed
Phase| Item # Description Purpose Assumptions Responsibility Deliverable | Labor (Hours} Cost
Kick-off meeting with the City to establish team and contacts . . .
2 and collect all available reports, drawings and pertinent Re eu Meeting
5 1A Kick-Off Meeting . ; . 5 , ; Associate 2 Hours, Agenda & 4 $4,505]
€ information associated with each garage. Prepare meeting _ .
a . . . Principal 1 Hours Minutes
oo agenda and follow up with meeting minutes.
S
ov
a
bo
& Review all Existin: Review all existing documents, drawings, and previous . .
2 1B 8 8 8 P Project Engineer 8 Hours 8
m Documents reports.
a
= Submit
2 Provide memo to the City with questions regarding existing Associate 2 memo to
3 1C Provide Memo to City documents. Meet virtually with City to review questions Principal 1 City and 3
ea from document review. B virtual
a meeting
5
i Prepare base AutoCAD drawings for use in the field and
°
Prepare base AutoCAD
5 1D Drenain 5 inclusion in final report. City of Nashua has provided PDF BIM Drafter 16 Hours 16
8 drawings of the 2010 restoration phase
Multiple site visits to each garage. We anticipate 2 visits at
each garage to document all existing conditions. It is
anticipated that the first site visit will be 2-3 people onsite for
2A Site Assessment P . peop ; $15,200
a day and half for to review each garage. A follow up site
visit to confirm documented repairs prior to issuing report
for a day for 1-2 people.

Updated 9/17/2020 - JS

Exhibit B - Scope of Services and Fee Summary for City of Nashua Parking Garage Study - Thornton-Tomasetti

Scope

Estimated

Proposed

Phase

Item #

Description

Purpose

Assumptions

Responsibility

Deliverable

Labor (Hours}

Cost

Site Assessment

2B

2c

2D

2E

Existing Conditions

Review

Snow Removal Review

Safety Review

Existing Conditions

Review

Existing conditions review to include:

*Drainage and condition of drains and leaders.

*Building exterior, fagade, bumpers, walls/guardrails,
sealants & finishes.

*Deck surfaces, noting location and condition of traffic
membranes, traffic sealants, and expansion joints.
*Exposed precast connections and cast-in-place concrete
toppings/washings.

*Chain drag all CIP toppings and washes to identify
delaminations.

*Precast double Tees, spandrels, inverted Tee beams,
columns, shear walls and lite walls noting all cracks, spalls, or
other deterioration.

*Stair towers to include review of handrails, stair framing,
risers, landings, and identify any safety concerns.

*MEP to include visual review of exposed electrical conduit,
lighting, plumbing, fire protection, and elevator.

*Review parking access and revenue control systems.
*Review of existing parking layouts including ADA spaces and
access.

*Architectural elements to include guardrails, railings, doors
and hardware, facade, and signage.

Review of snow removal procedures with City Staff

Provide Memo to City-to identify safety items such as tripping
hazards, overhead spalls, stair tower tread or railing issue or
immediate safety concerns.

Develop existing conditions drawings for each garage that
identify all areas requiring repairs noted during our site work.

Project Engineer 30 Hours,
Associate 24 Hours,
Principal 8 Hours

Associate 2
Principal

Associate 4
Principal 1

BIM Drafter 24 Hours

Coordinate
with City of
snow
removal
procedures

Submit
memo to
City

62

Updated 9/17/2020 - JS

Exhibit B - Scope of Services and Fee Summary for City of Nashua Parking Garage Study - Thornton-Tomasetti

Scope Estimated Proposed
Phase| Item # Description Purpose Assumptions Responsibility Deliverable | Labor (Hours} Cost

Project Engineer 8 Hours,

2F |Travel Travel Time for site assessment Associate 8 Hours, 20
Principal 4 Hours

i)

& Testing Expenses $1,300 (included in proposed cost),

$ Chain drag all cast-in- Chain drag all cast-in-place concrete toppings. (note work will . e PE $ ( ed }

ov 3A . . er Project Engineer 2 Hours, 4 $2,290
e place concrete toppings be completed during site visits as noted above). .

co Associate 2 Hours

6

<

oC

Ss

<

o

bo

& Submit

c Collect concrete samples for chloride ion testing at 6 . . testing

g 3B |Concrete Samples locations (3 per garage). Submit samples to laborator Project Engineer 1 report with 2
3 P . per garage). P y Associate 1 =P

om testing. Final Report
< wae

| Submission
ww

wv

E

Prepare opinion or probable costs and life cycle analysis for
twenty-year plan. The initial opinion will include the cost for

all the repairs noted during our site visits and the anticipated Project Engineer 12
future repairs. Life cycle analysis will include estimated Associate 4

design and construction administration fees, interest, and Principal 2
construction contingencies based on our previous

experience.

20-Year Plan, Life Cycle
Analysis

3 Updated 9/17/2020 - JS

Exhibit B - Scope of Services and Fee Summary for City of Nashua Parking Garage Study - Thornton-Tomasetti

Scope Estimated Proposed
Phase| Item # Description Purpose Assumptions Responsibility Deliverable | Labor (Hours} Cost

We will prepare separate documents for each garage.
Prepare and submit draft report to City to include executive

. _ . . Project Engineer 36 Submit Draft
Preparation of Draft summary, current conditions observations, repair .
4c . . . . . Associate 10 Report to 50
Report recommendations to include list High (life safety), Moderate, _ .
Principal 4 City

and Low priority repairs items. Report will include photos
within the report associated with the text.

Associate 2 Virtual
4E |Meeting with City Meeting with City of Nashua to discuss the report. _ . 4
Principal 2 meeting

8 Expenses: Including
< il toll
5 6 mueage, to $ Completion of project tasks including site work. $2,000
e accommodations, meals,
“ and printing.
TOTAL COST $40,845

4 Updated 9/17/2020 - JS

REPORT OF THE FINANCE COMMITTEE

FEBRUARY 3, 2021

A meeting of the Finance Committee was held on Wednesday, February 3, 2021, at 7:00 p.m. via
teleconference.

Mayor Jim Donchess, Chairman, presided.

Mayor Donchess

As Chairman of the Finance Committee, | find that due to the State of Emergency declared by the
Governor as a result of the COVID-19 pandemic and in accordance with the Governors Emergency Order
#12 pursuant to Executive Order 2020-04 and subsequent extensions, this public body is authorized to meet
electronically.

Please note that there is no physical location to observe and listen contemporaneously to this meeting, which
was authorized pursuant to the Governor's Emergency Order. However, in accordance with the Emergency
Order, | am confirming that we are:

Providing public access to the meeting by telephone, with additional access possibilities by video or other
electronic means:

To access Zoom, please refer to the agenda or the City’s website for the meeting link.

To join by phone dial: 1-929-205-6099
Meeting ID: 827 2471 7335
Passcode: 403067

The public may also view the meeting via Channel 16.

We previously gave notice to the public of the necessary information for accessing the meeting, through public
postings. Instructions have also been provided on the City of Nashua’s website at www.nashuanh.gov and
publicly noticed at City Hall and Nashua Public Library.

If anybody has a problem accessing the meeting via phone or Channel 16, please call 603-821-2049 and they
will help you connect.

In the event the public is unable to access the meeting via the methods mentioned above, the meeting will be
adjourned and rescheduled. Please note that all votes that are taken during this meeting shall be done by roll
call vote.

Let’s start the meeting by taking a roll call attendance. When each member states their presence, please also
state whether there is anyone in the room with you during this meeting, which is required under the Right-To-
Know Law.

The roll call was taken with 6 members of the Finance Committee present: Alderwoman Elizabeth Lu,
Alderman Linda Harriott-Gathright, Alderwoman-at-Large Shoshanna Kelly, Alderman-at-Large Brandon
Michael Laws, Alderman-at-Large Michael B. O’Brien, Sr., and Mayor Jim Donchess. Alderman Patricia Klee
was recorded absent.

Members not in Attendance: Alderman Patricia Klee

Finance Committee - 02/03/2021 Page 2

Also in Attendance: Alderman-at-Large Benjamin Clemons
Lisa Fauteux, Director of Public Works
Tim Cummings, Director of Economic Development
Kim Kleiner, Administrative Services Director
Kelly Parkinson, Purchasing Manager

ROLL CALL

Mayor Donchess

So Madam Clerk, could you please call the roll?

Alderman Harriott-Gathright

Alderman Patricia Klee?
Mayor Donchess
Alderwoman Klee contacted me to say that she is definitely sick tonight and will not be attending.

Alderman Harriott-Gathright

OK. Alderwoman Elizabeth Lu?

Mayor Donchess

You’re on mute.

Alderwoman Lu

Sorry, yes. | am here alone and | can hear the proceedings.

Alderman Harriott-Gathright

And Alderman Linda Harriott-Gathright, | am present, | am in this room alone and | can hear the proceedings.
Alderwoman Kelly

| am here alone and | can hear everyone.

Alderman Laws

I’m here alone and | can hear everyone.

Alderman O’Brien

| am present, | can hear the proceedings and | am alone.

Mayor Donchess

| am present and | am social distancing therefore attending electronically and | am alone in the room.

Finance Committee - 02/03/2021 Page 3

Alderman Harriott-Gathright

We have 6 in attendance and we are good.

Mayor Donchess

Alright so the first item on the Agenda is public comment. Is there any member of the public who would like to
address the Committee? (There was none.)

PUBLIC COMMENT - None
COMMUNICATIONS - None

UNFINISHED BUSINESS - None

NEW BUSINESS — RESOLUTIONS

R-21-110
Endorsers: Mayor Jim Donchess
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Patricia Klee
Alderman Linda Harriott-Gathright
Alderman Skip Cleaver
Alderman Richard A. Dowd
AUTHORIZING THE MAYOR TO ENTER INTO A FIRST AMENDMENT TO CONCESSION AGREEMENT WITH
GRANITE DIAMOND, LLC

MOTION BY ALDERMAN HARRIOTT-GATHRIGHT TO RECOMMEND FINAL PASSAGE BY ROLL CALL.
ON THE QUESTION

Mayor Donchess

So the motion is to recommend final passage at least for the purposes of the discussion. And we have
Director Fauteux here to tell us regarding the substance of the Resolution.

Lisa Fauteux, Director of Public Works

Yes, thank you Mayor. Good evening Mayor Donchess and members of the Finance Committee. On May 14,
2019 the City entered into an agreement with Granite Diamond LLC, better known as the Silver Knights to
utilize Holman Stadium for 2 years with 5 additional one year options for renewal. The agreement includes 28
home games to be played beginning Memorial Day week and ending around mid-August each year. There
could be a few playoff games in that. Granite Diamond pays the City $1,000.00 per game and the City will
also receive 40% of net profits of concession sales from City non-league games and City sponsored events.

The Legislation before you is the result of a request from Granite Diamond to exercise the first year of their five
year options for renewal. Last year was a tough year due to COVID but somehow we still found a way to play

baseball and we are hopeful that 2021 will be a better year. The Creedon Family who own Granite Diamond
have been excellent to work with and we are very pleased to have them and the Silver Knights in Nashua.

Mayor Donchess

Alright. Any discussion? Alderwoman Lu.

Finance Committee - 02/03/2021 Page 4

Alderwoman Lu

Thank you Mayor Donchess. Just a question through you to Director Fauteux.
Mayor Donchess

Of course.

Director Fauteux

Sure.

Alderwoman Lu

The Legislation said something about there will be expenses for lighting and electricity. Are these expenses
expected to be the same as they were in the past. And also what is that expense roughly?

Director Fauteux

You know, | don’t know exactly what the expense is for lighting for Holman, | could get that to you. But yes that
is something that we budget for and that, of course, is not only for the Silver Knights it is for all of the other
entities that also use Holman such as our three high schools, Babe Ruth, the Legion plays there. We also
have a couple of over 30 leagues that play at Holman and then we also have a number of our own events;
Fourth of July Festivities, we have the Food Truck Festival and the Brewfest. So it would include all of those
things not just for the Silver Knights. But | could get you what the utility costs are per year; | just don’t know
that off the top of my head.

Alderwoman Lu

May | follow up?

Mayor Donchess

Yeah, of course.

Alderwoman Lu

No that’s fine. | just wasn’t sure if they were new expenses. So it’s just something we budgeted, that’s fine.
Thank you.

Director Fauteux

You're welcome.