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Finance Committee — 07/06/2022 Page 4

MOTION BY ALDERMAN COMEAU TO PLACE ON FILE AND APPROVE THE REQUEST FORA
CONTRACT WITH SAPPHIRE DIGITAL FOR THE CITY’S SMARTSHOPPER PROGRAM FOR ONE YEAR
IN AN AMOUNT NOT TO EXCEED $40,000. FUNDING WILL BE THROUGH: DEPARTMENT: 113
BENEFITS; FUND: 59600 SMARTSHOPPER PROGRAM/BENEFITS FUND

MOTION CARRIED

From: Kelly Parkinson, Purchasing Manager
Re: Excess Loss Insurance in the amount not to exceed $1,905,516 funded from 59165 Stop Loss Coverage/Benefits
Internal Service Fund (Admin. Services)

MOTION BY ALDERMAN COMEAU TO PLACE ON FILE AND APPROVE THE REQUEST FORA
CONTRACT WITH QBE INSURANCE CORPORATION FOR THE CITY’S EXCESS LOSS POLICY,
OTHERWISE KNOWN AS “STOP LOSS”, IN AN AMOUNT NOT TO EXCEED $1,905,516. FUNDING WILL
BE THROUGH: DEPARTMENT: 113 BENEFITS; FUND: 59165 STOP LOSS COVERAGE/BENEFITS
INTERNAL SERVICES FUND

MOTION CARRIED

From: Kelly Parkinson, Purchasing Manager
Re: Financial Audit Services in the amount not to exceed $265,000 funded from 53114 Accounting & Auditing
Services/General Fund $193,000/ Solid Waste Fund $29,000/Wastewater Fund $43,000 (Finance)

MOTION BY ALDERMAN COMEAU TO PLACE ON FILE AND APPROVE THE EXTENSION OF THE
EXISTING CONTRACT WITH MELANSON FOR SERVICES TO AUDIT THE CITY’S GENERAL-PURPOSE
FINANCIAL STATEMENTS, FEDERAL SINGLE AUDIT, AND SCHEDULES FOR FISCAL YEARS 2022
AND 2023 IN AN AMOUNT NOT TO EXCEED $265,000 ($132,500 PER YEAR FOR TWO YEARS, FOR A
TOTAL OF $265,000). FUNDING WILL BE THROUGH: DEPARTMENT: 126 FINANCIAL SERVICES;
FUND: 53114 ACCOUNTING & AUDITING SERVICES/GENERAL FUND $193,000/SOLID WASTE FUND
$29,000/WASTEWATER FUND $43,000

MOTION CARRIED

From: Kelly Parkinson, Purchasing Manager
Re: Emergency PO Request — Wastewater Chemicals (Wastewater)

Without objection, Chairman Donchess, accepted the communication and placed it on file.

UNFINISHED BUSINESS - None

TABLED IN COMMITTEE

NEW BUSINESS — RESOLUTIONS - None

NEW BUSINESS — ORDINANCES - None

RECORD OF EXPENDITURES

MOTION BY ALDERMAN COMEAU THAT THE FINANCE COMMITTEE HAS COMPLIED WITH THE CITY
CHARTER AND ORDINANCES PERTAINING TO THE RECORDS OF EXPENDITURES FOR THE
PERIODS FROM MAY 27, 2022 TO JUNE 9, 2022 AND FROM JUNE 10, 2022 TO JUNE 30, 2022

MOTION CARRIED

GENERAL DISCUSSION

PUBLIC COMMENT

REMARKS BY THE ALDERMEN

Finance Committee — 07/06/2022 Page 5

ADJOURNMENT

MOTION BY ALDERMAN KLEE TO ADJOURN
MOTION CARRIED
The Finance Committee meeting was adjourned at 7:48 p.m.

Alderman Alex Comeau
Committee Clerk

FINANCE COMMITTEE

JULY 6, 2022
7:00 Aldermanic Chamber and Zoom

Join Zoom Meeting: https://usO2web.zoom.us/j/88201606784?pwd=w7aLJLIhSFKMjwBPlIh9J1 BgJvuCé6vv.1
Meeting ID: 882 0160 6784 Passcode: 787599

By telephone: 1-929-205-6099
Meeting ID: 882 0160 6784 Passcode: 787599

If there is a problem with the audio, please dial 603-589-3329 to advise.

ROLL CALL

PUBLIC COMMENT

COMMUNICATIONS

From: Tim Cummings, Economic Development Director
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

From: Tim Cummings, Economic Development Director

Re: Communication — Approval & Place on File a Contract Amendment for Professional Engineering Services related

to the Nashua Downtown Riverfront Implementation Project VHB, Inc. for Water Street Design Services
From: Kelly Parkinson, Purchasing Manager
Re: Commissioning Services in the amount not to exceed $27,550 funded from 53107 Architect & Engineering
Services/DPW Facility (Economic Development)

From: Kelly Parkinson, Purchasing Manager

Re: Bulletproof Vests in the amount not to exceed $26,240.50 funded from 61110 Protective Clothing/BVP Grant

(Police)

From: Kelly Parkinson, Purchasing Manager

Re: Ammunition and Supplies in the amount not to exceed $72,798.99 funded from 61121 Ammunition &
Supplies/General Fund (Police)

From: Kelly Parkinson, Purchasing Manager

Re: Landscaping in the amount not to exceed $13,000 funded from 54280 Building/Grounds Maintenance/General

Fund (Library)

From: Kelly Parkinson, Purchasing Manager

Re: Central Irrigation System in the amount not to exceed $85,850 funded from 81100 Capital Improvements (Park

& Rec.)

From: Kelly Parkinson, Purchasing Manager

Re: Wastewater Chemicals: Polymer, Sodium Hypochlorite & Sodium Bisulfite in the amount of $772,000 funded

from account 61156 Chemicals (Wastewater)

From: Kelly Parkinson, Purchasing Manager
Re: Wildlife Management in the amount not to exceed $317,428.91 funded from 55699 Other Contracted
Services/Solid Waste Fund (Solid Waste)

From: Kelly Parkinson, Purchasing Manager
Re: 2022 CIPP Lining in the amount not to exceed $1,412,170 funded from 81700 Infrastructure
Improvements/W astewater Fund (Engineering)

From: Kelly Parkinson, Purchasing Manager
Re: Copier Leases & Maintenance in the amount not to exceed $29,250 funded from 54421 Copier
Maintenance/General Fund (IT)

From:

Re:

From:

Re:

From:

Re:

From:

Re:

From:

Re:

From:

Re:

Kelly Parkinson, Purchasing Manager
Software Upgrade in the amount not to exceed $150,976 funded from 71228 Computer Software for $8,428 and
54407 Software Maintenance for $142,548/General Fund (IT)

Kelly Parkinson, Purchasing Manager
Annual Maintenance for PEG Channel Playback Server in the amount not to exceed $15,500 funded from
54280 Building/Grounds Maintenance/General Fund (Admin. Services)

Kelly Parkinson, Purchasing Manager
Smart Shopper Benefits Program in the amount not to exceed $40,000 funded from 59600 Smart Shopper
Program/Benefits Fund (Admin. Services)

Kelly Parkinson, Purchasing Manager
Excess Loss Insurance in the amount not to exceed $1,905,516 funded from 59165 Stop Loss
Coverage/Benefits Internal Service Fund (Admin. Services)

Kelly Parkinson, Purchasing Manager
Financial Audit Services in the amount not to exceed $265,000 funded from 53114 Accounting & Auditing
Services/General Fund $193,000/ Solid Waste Fund $29,000/Wastewater Fund $43,000 (Finance)

Kelly Parkinson, Purchasing Manager
Emergency PO Request — Wastewater Chemicals (Wastewater)

UNFINISHED BUSINESS

TABLED IN COMMITTEE

NEW BUSINESS — RESOLUTIONS

NEW BUSINESS — ORDINANCES

REGORD OF EXPENDITURES

GENERAL DISCUSSION

PUBLIC COMMENT

REMARKS BY THE ALDERMEN

ADJOURNMENT

&\ THE CITY OF NASHUA Seer

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
CONCORD, 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 11" 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 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, 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 will 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. Ail 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 HL. 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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12 ee won

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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General Terms and Conditions

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

PROFESSIONAL ENGINEER STATUS The parties agree that Professional Engineer shall have the
status of and shall perform all work under this contract as a Professional Engineer, 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 Professional Engineer, and
nothing in this contract shall create any contractual relationship between the City of Nashua and
Professional Engineer's consultants, sub consultants, contractors, or subcontractors. The parties
also agree that Professional Engineer 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 Professional Engineer 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 Professional Engineer shall be responsible for the professional quality,
technical accuracy, timely completion, and coordination of all work performed under this contract.
Professional Engineer 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 Professional
Engineer 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, Professional
Engineer 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 Professional Engineer'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 Professional
Engineer shall not in any way relieve Professional Engineer 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 Professional Engineer'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 Professional
Engineer shall be and remain liable in accordance with the terms of the contract and applicable law.

Professional Engineer 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 Professional
Engineer to perform work under this contract. Approved key personnel shall not be taken off of
the project by Professional Engineer without the prior written approval of the City of Nashua,
except in the event of termination of employment. Professional Engineer 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
representative for this contract. If designated, all notices, project materials, requests by

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