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Jahmal Mosley, Ed. BD.
Superintendent

Garth Mckinney, Ed. DB.
Assistant Superintendent

SCHOOL DISTRICT

Donna Fitzpatrick, Ed. $.
Assistant Superintendent

Daniel Donovan

Gateway to Opportunity Chief Operating Officer

To: Finance and Operations Committee
From: Daniel Donovan
Date: October 6, 2020

RE: Purchase of 55 Franklin Street

With the increase in the number of pre-school students continuing to grow each year, our elementary
schools as of the end of this past year left us with no extra classrooms. Our preschool enrollment
numbers have increased from 231 to 275 in the past 3 years and are expected to continue to grow.
Having one central location for our preschools would not only make cur programs more efficient but
also leave more space in our current elementary schools for student specific needs such as behavior
management and OT/PT expanded programs for regular and special education students. In speaking
with the Director of Special Education, if we can consolidate our preschool programs in one location we
may be able to reduce the number of specialists necessary and potentially reduce labor costs going
forward.

We also currently rent space on Amherst Street for our Brentwood Program at a cost last year of
$170,000. (Base rent of $155,000 and CAM charges of $15,000} The base rent for this year will be
5160,000 plus CAM costs.

This lease ends in June 2021 so we will either have to add years to the current lease or look for a new
space. It became evident that when searching for school space three years ago that most commercial
buildings are not suited for a classroom setting, and to renovate to fit our needs would be ata
significant cast,

This past spring, we viewed a few locations with the help of Tim Cummings the city’s economic
development director as well as members of Special Education and Administration. The property at 55
Franklin was the first choice of the group. This building was the former home to the Nashua Christian
School so it was configured more like a school than any other property other than the Infant Jesus
School. That building has been rented by another group and was also not for sale. We were looking to
purchase a facility instead of paying an annual rental fee.

The attached purchase and sales agreement detail the plan for a purchase. We have an agreement in
place with the owner, Grace Fellowship Church, that will allow us to purchase the building on an
installment payment plan. This allows us to use mostly grant and operating funds to purchase the
facility. The installments will be as follows:

141 Ledge Street, Nashua, New Hampshire 03060
T: (603) 966-1000 =F: (603) 594-4350
www .nashua.edu/district/

Jahrmnal Mosley, Ed. D.
Superintendent

Garth McKinney, Ed. D.
Assistant Superintendent

SCHOOL DISTRICT

Daniel Donovan

Donna Fitzpatrick, Ed. $. -
Gateway to Opportunity Chief Operating Officer

Assistant Superintendent

#1 $600,000 ($430,000 coming from a grant and $170,00 coming from the operating budget
using funds from transportation savings due to remote learning this September.

#2 $250,000 (this will come from savings on the Brentwood lease of $175,000 and $75,000 to
be budgeted in the FY22 operating budget)

#3 $250,000 (Same as #2)

#4 $725,000 This will come from savings on Brentwood as well as repurposing excess middle
school bond funds as the middle school project will be close to, if not fully complete. We currently have
significant contingency funds in the middle school project.

The $430,000 in grant funds and the excess middle school bond funds offer a unique opportunity for the
district to purchase a building versus paying for rent over the long term for a facility.

There is also the possibility that the current rent the district pays to the First Church for the Title 1
kindergarten program might become available if we move that program to 55 Franklin Street. Current
rent is $50,000.

In the current budget we aiso have set aside from the 2020-2021 one-time funds approximately
$400,000 to improve the current Franklin Street facility. Plant operations personnel have visited the
building and we have also had the current Middle School architect perform a study to determine if there
will be any significant issues. The timing of the purchase will also give Plant operations personnel plenty
of time to get any work done prior to moving in in the fall of 2021.

141 Ledge Street, Nashua, New Hampshire 03060
T: (603} 966-1000 — F: (603) 594-4350
www.nashua.edu/district/

R-20-091

RESOLUTION

RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF A $5,700,000 LEAD
BASED PAINT HAZARD REDUCTION GRANT FROM THE UNITED STATES
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

CITY OF NASHUA

in the Year Two Thousand and Twenty

RESOLVED by the Board of Aldermen of the City of Nashua that the City of Nashua is
authorized to accept and appropriate $5,700,000 from the United States Department of Housing
and Urban Development into Urban Programs grant activity “Lead Hazard Reduction Grant” for
the purpose of identifying and controlling lead based paint hazards in low income housing. The
period of performance for this grant is 45 months and shall begin on approximately January 4,
2021,

The Mayor is authorized to execute all understandings, assurances and agreements as
required to further the purposes hereof.

LEGISLATIVE YEAR 2020

RESOLUTION: R-29-091

PURPOSE: Relative to the acceptance and appropriation of a $5,700,000
Lead Based Paint Hazard Reduction Grant from the United
States Department of Housing and Urban Development

SPONSOR(S): Mayor Jim Donchess
COMMITTEE
ASSIGNMENT: Human Affairs Committee
FISCAL NOTE: Fiscal impact is a $5,700,000 grant to be used for a specific
purpose.
ANALYSIS

This resolution authorizes the City of Nashua to accept and appropriate $5,700,000 from the
United States Department of Housing and Urban Development for the purpose of identifying and
controlling lead based paint hazards in low income housing. The period of performance for this
grant is 45 months and shall begin on approximately January 4, 2021.

Approved as to account Financial Services Division
structure, numbers,

and amount: By: /s/John Griffin
Approved as to form: Office of Corporation Counsel

Date: A oryderdkze APD

R-20-092

RESOLUTION

RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $896,349 FROM THE
STATE OF NEW HAMPSHIRE DEPARTMENT OF HEALTH AND HUMAN
SERVICES INTO PUBLIC HEALTH AND COMMUNITY SERVICES GRANT
ACTIVITY “COVID-19 ENHANCED DETECTION”

CITY OF NASHUA

In the Year Two Thousand and Twenty

RESOLVED by the Board of Aldermen of the City of Nashua that the City of Nashua and
the Division of Public Health and Community Services are authorized to accept and appropriate
$896,349 from the State of New Hampshire Department of Health and Human Services into
Public Health and Community Services grant activity “COVID-19 Enhanced Detection” for the
purpose of supporting infection contro] through enhanced detection in response to COVID-19.
This funding shall be in effect from July 1, 2020 through November 18, 2022.

LEGISLATIVE YEAR 2020

RESOLUTION: R-20-092

PURPOSE: Relative to the acceptance and appropriation of $896,349 from
the State of New Hampshire Department of Health and Human
Services into Public Health and Community Services grant
activity “COVID-19 Enhanced Detection”

SPONSOR(S): Mayor Jim Donchess
COMMITTEE
ASSIGNMENT: Human Affairs Committee
FISCAL NOTE: Fiscal impact is a $896,349 grant to be used for a specific
purpose.
ANALYSIS

This resolution authorizes the City of Nashua and the Division of Public Health and Community
Services to accept and appropriate funds from the State of New Hampshire Department of Health
and Human Services for the purpose of supporting infection control through enhanced detection
in response to COVID-19. This funding shall be in effect from July 1, 2020 through November
18, 2022.

Approved as to account Financial Services Division
structure, numbers,

and amount: By: /s/ John Griffin
Approved as to form: — Office of Corporation Counsel

Date: UW None pew HOO

R-20-093

RESOLUTION

APPROVING THE GUARANTEED MAXIMUM PRICE AMENDMENT FOR THE
PERFORMING ARTS CENTER

CITY OF NASHUA

In the Year Two Thousand and Twenty

WHEREAS, on January 16, 2019, the City of Nashua Finance Committee awarded the
Standard Form of Agreement between Owner and Construction Manager as Contractor where the
basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price for the
Performing Arts Center to Harvey Construction Corporation (Harvey); and

WHEREAS, Harvey has submitted the attached Guaranteed Maximum Price Amendment
to the Standard Form of Agreement between Owner and Construction Manager as Contractor
where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum
Price for consideration.

NOW THEREFORE, BE IT RESOLVED by the Board of Aldermen of the City of
Nashua that the City is authorized to enter into a Guaranteed Maximum Price Amendment to the
Standard Form of Agreement between Owner and Construction Manager as Contractor where the
basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price with
Harvey in substantially the form attached.

FURTHER RESOLVED by the Board of Aldermen of the City of Nashua that the
Mayor, with the assistance of the Office of Corporation Counsel, is authorized to prepare and
execute all necessary documents related to the Guaranteed Maximum Price Amendment.

LEGISLATIVE YEAR 2020

RESOLUTION: R-20-093
PURPOSE: Approving the Maximum Price Amendment for the
Performing Arts Center
SPONSOR(S): Mayor Jim Donchess
COMMITTEE
ASSIGNMENT: Special Board of Aidermen meeting ~ November 24, 2020
FISCAL NOTE: The Guaranteed Maximum Price to construct the Preforming

Arts Center, guaranteed by the Construction Manager, is
$15,821,890, subject to additions and deductions threugh the
Change Order process.

ANALYSIS
This legislation approves the Guaranteed Maximum Price amendment for the construction of the
Performing Arts Center.

Approved as to account Financial Services Division
structure, numbers and
amount: By: _/s/ John Griffin

Approved as to form: Office of Corporation Counsel
By:

Date: AlbS . 4 , BOX.

BATA document A133°- 2009 Exhibit A

Guaranteed Maximum Price Amendment

_for the following PROJECT:

(Name and address or location}

. Downtown Performing Art Center

201 Main Street
Nashua, NH 03061

“THE OWNER:

(Name, legal status and address)

City of Nashua
229 Main Street
Nashua, NH 03061-2019

THE CONSTRUCTION MANAGER:
(Name, legal status and address)

Harvey Construction Corporation
10 Harvey Road
Bedford, New Hampshire 03110

ARTICLE A.4

ADDITIONS AND DELETIONS:

The author of this document has
added information needed for its
completion. The author may also
have revised tha fext of the original
AIA standard form, An Additions and
Deletions Report that notes added
information as well as revisions to the
standard form text is available from
the author and should be reviawed, A
Vertical line in the left margin of this
document indicates where the author
has added necessary informatian
and where the author-has added te er
deleted from the original AIA text.

This document has important iegal
consequences. Consultation with an
altorney is encouraged with respect
to [ts completion or modification.

AIA Document A201™~_2007,

§ A.1.1 Guaranteed Maximum Price General Conditions of the Contract
Pursuant to Section 2.2.6 of the Agreement, the Owner and Construction Manager hereby ‘0 Construction, is adopted in this
amend the Agreement to establish a Guaranteed Maximum Price. As agreed by the Owner 40cument by reference. Do not use
and Construction Manager, the Guaranteed Maximum Price is an amount that the Contract th cther'general conditions unless
Sum shall not exceed. The Contract Sum consists of the Construction Manager’s Fee plus ‘8 documents mocified.

the Cost of the Work, as that term ts defined in Article 6 of this Agreement.

§ A114 The Contract Sum is guaranteed by the Construction Manager not to exceed
Fifteen, Million Eight Hundred Twenty-One Thousand Eight Hundred Ninety and no/100
Dollars

($ 15,821,890.06 }, subject to additions and deductions by Change Order as provided in the
Contract Documents.

§ A.1.1.2 {temized Statement of the Guaranteed Maximum Price. Provided below is an
itemized statement of the Guaranteed Maximum Price organized by trade categories,
allowances, contingencics, altemates, the Construction Manager’s Fee, and other items
that comprise the Guaranteed Maximum Price.

{Provide below or reference an attachment.)

See Attached Exhibits

§ 4.1.1.3 The Guarantced Maximum Price is based on the following altematos, if any,
which are described in the Contract Documents and are hereby accepted by the Owner:
(State the numbers or other identification of accepted alternates. If the Contract
Documents permit the Owner te accept other alternates subsequent to the execution of this
Amendment, attach a schedule of such other alfernates showing fhe amount for each and
the date when the amount expires.)

ATA Document A133" ~ 2008 Exhibit A. Copyright © 1991, 2003 and 2009 by The American institute of Architects. All rights raservad. The "Amarican Institute of

Init. Architects,” "AIA," the AIA Lago, and “AIA Contrast Documents" are ragistered trademarks and may not be used without permission. This document was produced 1
by AIA software at 16:36:51 ET on 10/20/2020 under Order No.4797552926 which expires on 09/23/2071, Is nat for resale, is licansad for one-time use only, and
f may only be used in accordance with tha AIA Contract Documents® Tarms of Service, To report copyright violations, e-mail copyright@aia.org.

User Notes: (19352388251)

Init.

See Attached Exhibit D

§ A.1.1.4 Allowances included in the Guaranteed Maximum Price, if any:
(Identify allowance and state exclusions, if any, from the allowance price.)

Item Price ($0.00)
See Attached Exhibit E

§ A11.4 Assumptions, if any, on which the Guaranteed Maximum Price is based:
See Attached Exhibit F

§ A.1.1.6 The Guarantecd Maximum Price is based upon the following Supplementary and ather Conditions of the
Contract:

Document Title Date Pages
None

§ A147 The Guaranteed Maximum Price is based upon the following Specifications:
(Either list the Specifications here, or refer io an exhibit attached ta this Agreement.)
See Attached Exhibit G

. Section Titis Date Pages

§ A.1.1.6 The Guaranteed Maximum Price is based upon the following Drawings:
(Either list the Drawings here, or refer to an exhibit attached to this Agreement.)
See Attached Exhibit G

Number Title Date

§ A.1.1.8 The Guaranteed Maximum Price is based upon the following other documents and information:
(List any other documents or information here, or refer to an exhibit attached ta this Agreement)

See Attached Exhibit FH — GMP Estimate

See Attached Exhibit I - Construction Schedule

See Attached Exhibit ] ~ Exclusions

See Attached Exhibit K — Value Engineering Matrix

ARTICLE A.2
§ A.2.1 The anticipated date of Substantial Completion established by this Amendment:

Fourteen (14) months after a notice to proceed and the utility lines are relocated on West Pearl Street

OWNER (Stenature) CONSTRUCTION MANAGER (Signature)

: William E. Stevens President
(Printed name and title) (Printed name and title)

AiA Document A133” - 2009 Exhibit A, Copyright G 1997, 2003 and 200$ by The American Institute of Architects. AH rights reserved. The “Anterican Institute of
Architects,” “AlA,” the AIA Lago, and "AIA Contract Documents” are registered trademarks and may not be used without pannission, This document was produced
by AIA software at 16:38:54 ET on 16/20/2020 under Order No.4797552925 which expires an 09/23/2021, Is not for resala, Is licensed for one-time use only, and
may only bo used in accordance with the AIA Contract Decumants® Terms of Service. To report capyright violations, e-mail copyright@aia.arg.

User Notas: (1935238251}