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(a) The development program or financing plans for such tax increment
finance districts; or

(b) The ability to satisfy or expedite repayment of debt service obligations
incurred for a tax increment financing district; or

(c) The ability to satisfy program administration, operating, or maintenance
expenses within a tax increment financing district. "

The Board of Aldermen will provide a public hearing for any application for tax relief under 79-E, and
each application will be evaluated on its own merits. The Board does recognize that providing 79-E tax
relief to a specific property may have an impact on the ability of the City to accrue the necessary TIF
funds for the realization of projects that will benefit the City as a whole, but also may directly benefit
that specific property. The Board of Aldermen will take the above 79-E language into consideration
when making a decision on any individual 79-E application(s).

Development Agreements

The City acknowledges that the creation of public-private partnerships to further the goals and
objectives of the TIF District and the Plan as outlined involves some level of risk on the part of both
parties.

At the same time, the City recognizes that opportunities for risk with public funds are not in the best
interest of the citizens and taxpayers of Nashua. It is not the intent of the Board of Aldermen to vote to
authorize the issuance of any bonds or other financial obligation notes without the execution and
recording of the appropriate Development Agreementsin order to protect the interests of the City and
its residents.

As part of the proposal for a private sector spurred project, the Board of Aldermen shall be provided
with information on the project costs, the funding plan, and the Development Agreement. The exact
language of a Development Agreement will depend on the complexity of the project. The Board of
Aldermen may require the developer(s) to execute a clearly enforceable Agreement which will require
the developer(s) to pay any deficiency between the City's actual annual cost for bond debt service and
incrementaltax revenues generatedin, or available to, the District. The Board of Aldermen shall have
final approval of the language of any Agreement negotiated by the Administrator. All Agreements shall
be executed and recorded in the Hillsborough County Registry of Deeds.

Should the City desire to support public improvement within the general project area using the captured
incremental tax revenues within the district than in this case, a Development Agreement will not be
required.

Impacts on Other Taxing Jurisdictions

Property taxes applied to incremental assessed value in the TIF District will include the municipal, school
[local and state], and county taxes currently collected by the City. The Board of Aldermen has not yet
adopted the 2020- tax rates; the current 2019 applicable tax rates areas follows:

Municipal 58.68
County 59.80

10

Education Local 52.13
Education State $1.15
Total | $21.76

The estimated impact of tax increment financing on the assessed values of all other taxing jurisdictions
within the City of Nashua is negligible, since the proposed improvements are designed to encourage
commercial investment and lessen the residential tax burden. Thus, these activities will contribute toa
long-term increase in the non-residential tax base at a faster rate than would otherwise be achieved.

Over the next five years there is a potential aggregate figure approximately $500,000 of new tax dollars
on the horizon.

Plan Amendments

Pursuant to RSA 162-K:9, this plan may be amended by a vote of Board of Aldermen in conformance
with all applicable time frames and notice requirements. As discussed previously, each specific TIF
project will be brought forward to the Board of Aldermen for review and approval, thus there will be
future amendments to this TIP Plan.

Duration of Program

The TIF District will exist until all improvements or projects approved bythe Board of Aldermen
have been completed, and all debt issued and borrowing initiated to fund the projects is retired.

The Board of Aldermen will consider the recommendations by the Administrator regarding the proposed
expiration of the TIF Plan and District along with amendments. The Board of Aldermen reserves the
right to evaluate the TIF Plan every year following its adoption, and make any necessary modifications to
the Plan to ensure that all goals and objectives are being met.

Upon full repayment of any outstanding bonds, all TIF Account Funds maybe available for all District
purposes, as outlined in, and approved by the Board of Aldermen as part of any modification tothis
Plan. The Annual Report prepared by the Administrator may recommend that a certain percentage of
the tax increments may be returned to the City for general fund purposes, and Board of Aldermen
approval for that allotment shall not be subject to a formal modification and public hearing process.

Apportionment of Captured Assessed Value

Pursuant to RSA 162-K:10 (a) this plan designates up to 100% of the captured assessed value will be
dedicated for retirement of bonds and notes with a de-minimis portion going toward operations or
further development of the tax increment financing district. This plan allows for the project to outline
specifically how the TIF funds are used when presented for approval.

TIF District Administration

The City Economic Development Director shall be the Administrator of the District and act in with RSA
162-K:13, which prescribe the following duties and powers granted tothe City Economic Development
Director and it is generallyunderstood the Administrator shall have the following powers:

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7/30/2020

EXHIBIT wee

Project Name: NASHUA PUBLIC HEALTH - FINAL GMP

Estimate #: 4110
Bid Date: 7/28/2020

ESTIMATE SUMMARY

GMP
SCOPE OF WORK SUBTOTAL

DAILY DEBRIS MANAGEMENT 41,550
SCAFFOLDING / TEMP FENCING / TEMP WALLS 9,125
SAFETY / FLOOR & WALL PROTECTION / HOUSEKEEPING 15,070
TEMPORARY HEAT {ALLOWANCE} 98,720
ABATEMENT 108,550
DEMOLITION 68,100
SHORING & BRACING 4,500
CONCRETE 30,000
MASONRY / STONEWORK 14,060
STRUCTURAL, MISC, & ORNAMENTAL STEEL 24,800
ROUGH CARPENTRY 62,300
MILLWORK / FINISH CARPENTRY 50,593
ROOFING / SIDING 80,800
INSULATION 13,990
FIRESTOPPING 2,500
WATERPROOFING / SEALANTS 2,500
FIREPROOFING 0
DOORS / FRAMES / HARDWARE 106,166
GLASS & GLAZING 264,349
DRYWALL 130,157
FLOORING 100,160
ACOUSTICAL CEILING 54,400
PAINT / WALL COVERINGS 41,700
SPECIALTIES 38,522
EQUIPMENT 0G
FURNISHINGS 0
SPECIAL CONSTRUCTION i)
CONVEYING EQUIPMENT 139,020
FIRE SUPPRESSION 66,470
PLUMBING 83,323
HVAC 346,150
ELECTRICAL 180,950
SAFETY AND SECURITY 14,500
EARTHWORK 36,000;
EXTERIOR IMPROVEMENTS 0
GENERAL CONDITIONS 319,215
SUB TOTAL: 2,548,239
BUILDING PERMIT: 1,609.85
CONTINGENCY: 127,412
BUILDER'S RISK INSURANCE: 1,612
(NSURANCE: 28,031
FEE: 94,685
TOTAL: 2,801,589
BOND COST: 24,036
| GMP GRANDTOTAL:| $ 2,825,625

Exhibit “F”
CONTRACTOR’S CONTINGENCY

E

re:

The Contractor has included a contingency, Contractor’s Contingency, in the Contract Amount. The
Contractor's Contingency has a value of $127.412. This contingency has been established ta provide
the Contractor a source of funds for work not identified or quantified by the Contractor in the cost
estimate. The Contractor's Contingency is not the Owner’s Contingency. The Owner's Contingency
shall provide the Owner a source of funds for unforeseen conditions or additional scope of work as
directed by the Owner, Architect or Engineer.

Management of Contingency
The Contractor shall manage the expenditure of funds in the Contractor’s Contingency. Unused funds shall
be categorized as savings and shall be returned to the Owner per the savings clause in the agreement.

Inclusions

o The Contractor’s Contingency shall be used to reimburse the Contractor for the cost of Work not
identified or quantified by the Contractor during the cost estimate, The scope of this work shall be
clearly identified in the Construction Documents. (Example: The architectural drawings indicate
a light fixture integrated into a cabinet system. The elecirical drawings did not show this light
fixture. The millwork subcontractor excluded the light fixture and the electrical subcontractor did
not carry the cost for the fixture. The Contractor shall purchase the light fixture from the electrical
subcontractor with funds from the Contractor’s Contingency without and increase to the GMP.)

© The Contractor’s Contingency shall be used to reimburse the Contractor for the cost of Premium
Time required to accelerate the schedule because of an act or neglect of the Contractor or their

subcontractors.
© The cost to repair or correct Work damaged or improperly executed by the Contractor or their sub-
contractors.
Exclusions

o The Contractor’s Contingency shall not be used to pay for the costs of unforeseen conditions.

© The Contractor’s Contingency shall not be used to pay for overages in the Allowances. See
Exhibit “B” for a list of the Allowances.

o The Contractor’s Contingency shall not be used to pay for additional work requested by the
Owner, Architect or Engineer,

Determination of Value
The Contractor’s Contingency is 5% of the Total Estimated Cost of the Project.

Martini Northern, LLC
10 Main Street
Newfields. NH 03856

Ute wae rin in nek cen nm poe
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\ THE CITY OF NASHUA the Gate City"

Economie Development

To: L. Wilshire, President
From: T. Cummings, Director
Ce: Members of the Board of Aldermen

Date: July 27, 2020

Re: Communication — Approval & Place on File A Contract Amendment for Professional

Engineering Services related to the Nashua Downtown Riverfront Implementation Project
VHB, Inc.

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 VHB, 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 three distinct phases. The first phase known as concept
plan design had a Purchase Order issued for $437,653.00 (P.O. 154005) to VHB for their design
services. It is anticipated that at the conclusion of the concept plan design phase there will be a
balance of $91,300.00. The attached contract amendment is for preliminary design services and
the second phase of our project design work. The total figure for this effort is $500,000.00. After
you subtract out the $91,300.00 there is a balance of $408,700.00 and the source of funds is the
TIF account created to implement the downtown riverfront project.

Pursuant to NRO §5-91 relative to Contract Amendments and in conforming with the Tax
Increment Financing Development Program and Financing Plan, I am requesting the approval of
the Board of Aldermen for the award of the attached contract amendment of $500,000.00.

Exhibit A

CONTRACT FOR PROFESSIONAL SERVICES

RFOQO265-061219
DESIGN SERVICES & PROJECT MANAGEMENT
DOWNTOWN RIVERFRONT IMPLEMENTATION

A CONTRACT BETWEEN
THE CITY OF NASHUA, 229 MAIN STREET, NASHUA, NH 03061-2019
AND

VANASSE HANGEN BRUSTLIN, INC. (“VHB”)
NAME AND TITLE OF SERVICE PROVIDER

2 BEDFORD FARMS DRIVE, SUITE 200, Beprorp, NH 63110
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 exhibiis are by this reference incorporated herein
and are made part of this contraci:

Exhibit A- General Conditions for Contracts
Exhibit B~ VHB Scope of Work Dated October 31, 2019
Exhibit C — RFQ0265-661219

The Contract represents the entire and integrated agreement between the parties and supersedes
prior negotiations, proposals, representations or agreemenis, either written or oral. Any other
documents which are not listed in this Article are not part of the Contract.

2. WORK TO BE PERFORMED Except as otherwise provided in this contract, Service Provider 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

AG 1of3

work described,

3, PERIOD OF PERFORMANCE, Service Provider shall perform and complete all work with final
plans, [TBD], . The time periods set forth may only be altered by the parties by a 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 the signed contract.

4, COMPENSATION, Service Provider agrees to perform the work for a total cost not to exceed

($437,653.60)
Unless Service Provider has received a writien exemption from the City. Service Provider shall
submit requests for payment for services performed under this agreement di rectly to

City of Nashua

Attn: Accounts Payable
PO Box 2019

Nashua, NH 03061-2019

To facilitate the proper and timely payment of applications, the City of Nashua requires that
all 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:

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 cared 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 will pay for work satisfactorily completed by Service Provider. The City will pay Service
Provider within 30 days of approval by the City of the submitted invoice forms and progress

reports. The City 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 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, shal! be sent by hand delivery, overnight carrier, or by United States
mail, postage prepaid, and registered or certified, and shall be addressed to:

CITY REPRESENTATIVE: REPRESENTATIVE:

Tim Cummings Robin Bousa

Direcior or Economic Development Managing Director

Office of Economic Development Vanasse Hangen Brustlin, Inc. (“VHB”)
229 Main Street 2 Bedford Farms Drive, Suite 200
Nashua, NH 03060 Bedtord, NH 03110

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
im the mail. The City or Service Provider may change the address or representative by giving
written notice io the other party.

In WITNESS WHEREOF, the parties hereto have caused this contract to be signed and intend to be
legally bount thereby, a
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dim Donmchess, Mayor Robin Bousa, Manacing Director
(Printed Name and Title) (Printed Name and Title)

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EXHIBIT A
‘TABLE OF CONTENTS
GENERAL CONDITIONS
DEFINITIONS

SERVICE PROVIDER STATUS AND PROVISION OF WORKERS’
COMPENSATION COVERAGE

STANDARD OF CARE

CITY REPRESENTATIVE
CHANGES TO SCOPE OF WORK
CITY 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

PEDERAL SUBCONTRACTING REQUIREMENTS
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

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