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FER 4 THE CITY OF NASHUA "The Gate City"

Office of Econonric Development

TO: Jim Donchess, Mayor
FROM: = Tim Cummings, Economic Development Director
Date: March 18, 2022

RE; Approval of APRPA Consulting Contract — Multi-Year

The enclosed documents is a contract for your approval where we will be looking to enter into a
professional services advisory contract with iParametrics. The main driver of this is contract is
the need to better understand the new rules and regulations and how they apply to the ARPA
money provided by the US Treasury.

The Office of Economic Development has been charged with developing a strategic plan that
looks to allocate the ARPA funds within the eligible uses. iParametrics will provide two distinct
services. First, advisory and evaluate whether a use is eligible for ARPA funds and then secondly
provide compliance and technical assistance around the ARPA reporting. A procurement
methodology of a Request For Qualifications (“RFQ”) was used. This RFQ was for consulting
services relative to advisory and technical compliance. Eight Respondents submitted
qualifications. A small team of intemal professional staff represented by the Office of Risk
Management, Administrative Services, Finance Department, Office of the Comptroller and
Community Development selected three proposals to interview. Ultimately, the group settled on

iParametrics based on their qualifications and interview.

The consulting services contract is anticipated to be multi-year and is a fee for services being
bud geted at $200,000.

THANK YOU.

229 Main Steet, Suite 234 » Nashua, New Hampshire 03060 « Phone (603) 589-3106

CONTRACT FOR PROFESSIONAL SERVICES

A CONTRACT BETWEEN

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

AND
IPARAMETRICS, LLC

and its successors, transferees and assignees (together “Professional Consultant”)

NAME AND/OR COMPANY OF PROFESSIONAL CONSULTANT

6515 SHILOH ROAD SUITE 200, ALPHARETTA, GA 30005

ADDRESS OF PROFESSIONAL CONSULTANT

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

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

WHEREAS, Professional Consultant 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 Work

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

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DESCRIPTION OF WORK:

PLEASE SEE ATTACHED SCOPE OF WORK IN EXHIBIT B

3. PERIOD OF PERFORMANCE. Professional Consultant shall perform and complete all work by _

December 31, 2026 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 Consultant shall begin performance upon receipt of an Executed
Contract and a valid Purchase Order issued from the City of Nashua.

4. COMPENSATION. Professional Consultant agrees to perform the work for a total cost not to
exceed ($200,000.00_}

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

Unless Professional Consultant has received a written exemption from the City of Nashua,
Professional Consultant 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 Consultant’s right to payment as the City
of Nashua may reasonably require. Professional Consultant 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 Consultant 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.

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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 Consultant. The
City of Nashua will pay Professional Consultant 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.

5. EFFECTIVE DATE OF CONTRACT. This contract shall not become effective until executed by
the City of Nashua.

6. NOTICES. Ali 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: Tim Cummings
Economic Development Director
City of Nashua
603.589.3072
cummingst@nashuanh.gov

John Griffin

Chief Financial Officer/Treasurer
City of Nashua

603.589.3070
griffinj@nashuanh.gov

PROFESSIONAL CONSULTANT REPRESENTATIVE: Jeff Stevens
Vice President
iParametrics
401.536.8178
Jeff, Stevensia@iparametrics.com

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 Consultant may change the address or
representative by giving written notice to the other party.

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

dE

City of Nashua, NH (signature) iParametrics, LLC (signature)
James W. Donchess, Mayor Jeffrey Stevens, Vice President
(Printed Name and Title) (Printed Name and Title)
3.7,2022
Date Date

AG 4of4

a

EXHIBIT A
TABLE OF CONTENTS
GENERAL CONDITIONS

DEFINITIONS

PROFESSIONAL CONSULTANT 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
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1.

General Terms and Conditions

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

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

Professional Consultant shall furnish competent and skilled personnel to perform the work
under this contract. The City of Nashua reserves the right to approve key personnel

GC 2 of 13

assigned by Professional Consultant to perform work under this contract. Approved key
personnel shall not be taken off of the project by Professional Consultant without the prior
written approval of the City of Nashua, except in the event of termination of employment.
Professional Consultant 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
Professional Consultant, and any other communication about the contract shall be
addressed or be delivered to the City of Nashua Representative.

. CHANGES TO SCOPE OF WORK The City of Nashua may, at any time, by written order,
make changes to the general scope, character, or cost of this contract and in the services or
work to be performed, either increasing or decreasing the scope, character, or cost of
Professional Consultant's performance under the contract. Professional Consultant shall
provide to the City of Nashua within 10 calendar days, a written proposal for accomplishing
the change. The proposal for a change shall provide enough detail, including personnel
hours for each sub-task and cost breakdowns of tasks, for the City of Nashua to be able to
adequately analyze the proposal. The City of Nashua will then determine in writing if
Professional Consultant should proceed with any or all of the proposed change. If the
change causes an increase or a decrease in Professional Consultant's cost or time required
for performance of the contract as a whole, an equitable adjustment shall be made and the
contract accordingly modified in writing. Any claim of Professional Consultant for
adjustment under this clause shall be asserted in writing within 30 days of the date the City
of Nashua notified Professional Consultant of the change.

When Professional Consultant seeks changes, Professional Consultant shall, before any
work commences, estimate their effect on the cost of the contract and on its schedule and
notify the City of Nashua in writing of the estimate. The proposal for a change shall
provide enough detail, including personnel hours for each sub-task and cost breakdowns
of tasks, for the City of Nashua to be able to adequately analyze the proposal. The City of
Nashua will then determine in writing if Professional Consultant should proceed with any
or all of the proposed change.

Except as provided in this paragraph, Professional Consultant shall implement no change
unless the City of Nashua in writing approves the change. Unless otherwise agreed to in
writing, the provisions of this contract shall apply to all changes. The City of Nashua may
provide verbal approval of a change when the City of Nashua, in its sole discretion,
determines that time is critical or public health and safety are of concern. Any verbal
approval shall be confirmed in writing as soon as practicable. Any change undertaken
without prior City of Nashua approval shall not be compensated and is, at the City of
Nashua's election, sufficient reason for contract termination.

. CITY OF NASHUA COOPERATION The City of Nashua agrees that its personnel will
cooperate with Professional Consultant in the performance of its work under this contract
and that such personnel will be available to Professional Consultant for consultation at
reasonable times and after being given sufficient advance notice that will prevent conflict
with their other responsibilities. The City of Nashua also agrees to provide Professional

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Consultant with access to City of Nashua records in a reasonable time and manner and to
schedule items that require action by the Board of Public Works and Finance Committee
in a timely manner. The City of Nashua and Professional Consultant also agree to attend
all meetings called by the City of Nashua or Professional Consultant to discuss the work
under the Contract, and that Professional Consultant may elect to conduct and record such
meetings and shall later distribute prepared minutes of the meeting to the City of Nashua.

DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR DISCREPANCIES
Professional Consultant warrants that it has examined all contract documents, has brought
all conflicts, errors, discrepancies, and ambiguities to the attention of the City of Nashua
in writing, and has concluded that the City of Nashua's resolution of each matter is
satisfactory to Professional Consultant. All future questions Professional Consultant may
have concerning interpretation or clarification of this contract shall be submitted in writing
to the City of Nashua within 10 calendar days of their arising. The writing shall state
clearly and in full detail the basis for Professional Consultant's question or position. The
City of Nashua representative shall render a decision within 15 calendar days. The City of
Nashua's decision on the matter is final. Any work affected by a conflict, error, omission,
or discrepancy which has been performed by Professional Consultant prior to having
received the City of Nashua's resolution shal! be at Professional Consultant's risk and
expense. At all times, Professional Consultant shall carry on the work under this contract
and maintain and complete work in accordance with the requirements of the contract or
determination of the City of Nashua. Professional Consultant is responsible for requesting
clarification or interpretation and is solely liable for any cost or expense arising from its
failure to do so.

TERMINATION OF CONTRACT

A. TERMINATION, ABANDONMENT, OR SUSPENSION AT WILL. The City of Nashua, in its
sole discretion, shall have the right to terminate, abandon, or suspend all or part of the
project and contract at will. If the City of Nashua chooses to terminate, abandon, or
suspend all or part of the project, it shall provide Professional Consultant 10 day’s written
notice of its intent to do so.

If all or part of the project is suspended for more than 90 days, the suspension shall be
treated as a termination at will of all or part of the project and contract.

Upon receipt of notice of termination, abandonment, or suspension at will, Professional
Consultant shall:

1. Immediately discontinue work on the date and to the extent specified in the notice.

2. Place no further orders or subcontracts for materials, services, or facilities, other
than as may be necessary or required for completion of such portion of work
under the contract that is not terminated.

3. Immediately make every reasonable effort to obtain cancellation upon terms
satisfactory to the City of Nashua of all orders or subcontracts to the extent they
relate to the performance of work terminated, abandoned, or suspended under the
notice, assign to the City of Nashua any orders or subcontracts specified in the
notice, and revoke agreements specified in the notice,

4. Not resume work after the effective date of a notice of suspension unti! receipt of
a written notice from the City of Nashua to resume performance.

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31 Will Street -— PO BOX 3654 — NASHUA, N.H. 03060
PH (603)886-0200 / FAX 886-0026 / EMAIL — www.gatecityelectric.com

PROPOSAL

1/12/2022

PROJECT: Nashua Police Station — Firing Range Lighting

SUBMIT TO: Turnstone Construction Co. — Jim Delisle

TEL. 603-769-7496
Email jdelisle@turnstonecorp.com

. Replace two existing double flood lights in front with one 4ft and one 8ft LED strip
light to increase lighting levels and lighting quality. Prep lights for future dimming

1 — Columbia #CSL4-LSCS LED 4FT LIGHT $110.00
1 - Columbia #CSL8-LSCS LED 8FT LIGHT $155.00
$30.00

70° - 18/2 shielded dimming cable back to console
1 — misc boxes, wire, connectors etc

7 — hours labor

$50,00
$85.00/hour = $595.00

Project cost $940.00

. Replace two existing double head flood lights in six rows with one 4ft and one
8ft LED strip light to increase lighting levels and lighting quality. Replace 3
existing dimmers with new 0-10volt LED dimmers and run new 18/2 shielded
cable from each fixture to new dimmers. dimming scheme shall remain as is

6 — Columbia #CSL4-LSCS LED 4FT LIGHTS $110.00ea = $660.00

6 — Columbia #CSL8-LSCS LED 8FT LIGHTS $155.00ea = $930.00
250'- 18/2 shielded cable $.43/ft = $108.00
3 — LED dimmer switches — Lutron#DVSTV $90.00ea = $270.00

1 - misc pipe, wire, boxes, etc = $300.00
$85.00/nr = $3,570.00

42 — hours labor
Project Cost $6,838.00

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