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We propose to provide the services described herein in accordance with the same terms and
conditions used in our current contract to provide similar services.

If you have any questions or comments regarding this proposal, please contact me.

WA

NS \
ey |. Vancor, P.E.

APPROVED BY:

Mayor

REPORT OF THE FINANCE COMMITTEE

FEBRUARY 20, 2019

A meeting of the Finance Committee was held on Wednesday, February 20, 2019, at 7:00 p.m. in the
Aldermanic Chamber.

Mayor Jim Donchess, Chairman, presided.

Members of the Committee present: Alderman Michael B. O’Brien, Vice Chair
Alderwoman-at-Large Shoshanna Kelly
Alderman-at-Large Brandon Michael Laws
Alderman June M. Caron
Alderman Linda Harriott-Gathright

Members not in Attendance: Alderman Patricia Klee

Also in Attendance: Dan Kooken, Purchasing Manager
David G. Fredette, Treasurer/Tax Collector

PUBLIC COMMENT - None
COMMUNICATIONS

From: Dan Kooken, Purchasing Manager
Re: Purchase of One (1) Transit CNG Bus (Value $523,542)

MOTION BY ALDERWOMAN KELLY TO ACCEPT, PLACE ON FILE AND APPROVE THE PURCHASE
FROM GILLIG, LLC, IN THE AMOUNT OF $523,542. FUNDS ARE AVAILABLE IN DEPARTMENT 186,
TRANSPORTATION; GRANT FUNDS

MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: Purchase of One (1) Vac-Con Combination Jet/Vacuum Sewer Cleaner ($395,700)

MOTION BY ALDERWOMAN KELLY TO ACCEPT, PLACE ON FILE AND APPROVE THE PURCHASE
FROM ATLANTIC MACHINERY IN THE AMOUNT OF $395,700. SOURCE OF FUNDING IS DEPARTMENT
169, WASTEWATER; WERF

ON THE QUESTION

Mayor Donchess

We have our Superintendent here if anybody has got any questions about this, comments or questions?

MOTION CARRIED

UNFINISHED BUSINESS — None

The H.L. Turner Group Inc.

27 Locke Road Concord. NH 03301 t: 603.228.1122 hiturner.com

Nashua Riverfront Development Project
Final Engineering Design

5/11/2022
TASK DESCRIPTION ALLA Herat
PM Structural PE Sr PD Tc HOURS
Segment 11 - 58-60 Main Street Boardwalk
11.1 - Design Bracket Connections 2 16 2 20
11.2 - Transition Design - Boardwalk to Ramp 2 16 2 20
11.3 - Design - Ramp & Piles 2 24 2 28
11.4 - Riverbank Slope E&S 4 16 2 22
11.5 - Final Drawings & Specifications 8 56 4 80 8 156
Se Ae PY GD A ld ee ey ee Ge ee ee ee ee ee ee ee ee ee ee ee ee ee ee ee ee oe
: 112 20 80 16 246
TOTAL HOURS 18 112 20 80 16 246
ESTIMATED ENGINEERING COSTS
Work Estimated
Hours Hourly Rate Costs
Project Manager (PM) 18 S$ 150.00 bs 2,700.00
Structural Engineer (Structural) 112 $ 185.00 $ 20,720.00
Project Engineer (PE) 20 $ 130.00 $ 2,600.00
Sr. Project Designer | (Sr PD) 80 $ 105,00 $ 8,400.00
Technical Coordinator (TC) 16 $ 100.00 $ 1,600.00
246 Total Fully Burdened Labor $ 36,020.00
Subconsultant $ =
Expenses $ 300.00
Estimated Direct Costs $ 300.00

TOTAL ESTIMATED COST= $ 36,3200)

Finance Committee - 2/20/2019 Page 2

NEW BUSINESS - RESOLUTIONS

R-19-110
Endorser: Mayor Jim Donchess
AUTHORIZING THE CITY OF NASHUA TO ENTER INTO A LEASE AGREEMENT WITH MAKEIT
LABS, CORP. FOR 25 CROWN STREET

MOTION BY ALDERWOMAN KELLY TO RECOMMEND FINAL PASSAGE
ON THE QUESTION
Alderman O’Brien

On R-19-110 this is reauthorizing in a way or is this something new with Make IT Labs, because | know that
they do exist at 25 Crown Street. It is a wonderful place to go and everything, it is quite amazing. It is re-

upping?
Mayor Donchess

It is re-upping but they have put a lot of money into the building so the rent has been reduced to compensate
for that. They are making a lot of improvements, the whole eastern wing kind of. They are upgrading into
office and kind of office space and spaces for people who want to try to start more or have more intellectual
property type businesses as opposed to physical manufacturing or make-it type projects.

Alderman O’Brien

Thank you Mr. Mayor. | know going there when they were doing the sculptures and everything, the wife and |
did go down there and it was very nice to see all the sculptures at work and using the Make IT Lab facilities as
well.

Alderwoman Kelly

Just a point of order | wanted to point out that Alderman Harriott-Gathright has joined us.

Mayor Donchess

Yes, Alderwoman Harriot Gathright is here. Any other discussion.
Alderman Caron

Yes just to clarify, wasn’t their rent basically what it would cost for property taxes or the equivalent of on that
facility?

Mayor Donchess

| think it was but this reduces it to almost, it is nominal rent at this point, this would be, this is about $160.00 a
month although it is calculated on a square footage basis, but it is $.08 a square foot. But in discussions
between Economic Development and the Legal Department and Make IT Labs, you know, they made the case
— we’ve invested thousands of dollars in the building, a city-owned building. They have moved, they have
taken a building that was really in bad shape, upgraded the main part of the building, now are upgrading the
wing and in the end the City will own a more valuable building.

Upon termination of the contract, the OWNER may take over the work and prosecute it to completion by agreement
with another party or otherwise. In the event CONTRACTOR shall cease conducting business, the OWNER shall have

the right to solicit applications for employment from any employee of the CONTRACTOR assigned to the
performance of the contract.

Neither party shall be considered in default of the performance of its obligations hereunder to the extent that
performance of such obligations is prevented or delayed by any cause, existing or future, which is beyond the
reasonable control of such party. Delays arising from the actions or inactions of one or more of CONTRACTOR's

principals, officers, employees, agents, subcontractors, consultants, vendors, or suppliers are expressly recognized to
be within CONTRACTOR's control.

ARTICLE 16 - DISPUTE RESOLUTION
16.01 Methods and Procedures

A. The parties shall attempt to resolve any dispute related to this contract as follows. Either party shall provide to the
other party, in writing and with full documentation to verify and substantiate its decision, its stated position concerning
the dispute. No dispute shall be considered submitted and no dispute shall be valid under this provision unless and
until the submitting party has delivered the written statement of its position and full documentation to the other party.
The parties shall then attempt to resolve the dispute through good faith efforts and negotiation between the OWNER
Representative and a CONTRACTOR Representative. At all times, CONTRACTOR shall carry on the work under
this contract and maintain and complete work in accordance with the requirements of the contract or determination or
direction of the OWNER. If the parties are unable to resolve their dispute as described above within 30 days, the
parties may request that the dispute be submitted to the Board of Public Works for resolution. If the parties are
dissatisfied with the decision of the Board of Public Works, the parties’ reserve the right to pursue any available legal
and/or equitable remedies for any breaches of this contract except as that right may be limited by the terms of this
contract.

ARTICLE 17 - MISCELLANEOUS
17.01 Giving Notice

A. Whenever any provision of the Contact Documents requires the giving of written notice, it will be deemed to have
been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation
for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business
address known to the giver of the notice.

17.02 Computation of Times

A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first
and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day
made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation.

17.03 Cumulative Remedies

A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to
the parties hereto are in addition to, and are not to be construed in any way as a limitation or, any rights and remedies
available to any or all of them which are otherwise imposed or available by Laws and Regulations, by special warranty
or guarantee, or by other provisions of the contract Documents, and the provisions of this paragraph will be as effective
as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and
remedy to which they apply.

17.04 Survival of Obligations

GC - 51 of 53

A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with
the Contract Documents, will survive final payment, completion, and an acceptance of the Work or termination or
completion of the Agreement.

17.05 Controlling Law

A. 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

17.06 Access to Records

A. At all times during regular business hours, CONTRACTOR shall provide full and free access to the OWNER,
ENGINEER, and State of New Hampshire to any books, documents, papers, and records related to the work for the

purpose of examination, audit, and duplication. The CONTRACTOR shall maintain all required accounts, records, and
books for three years after final completion of the work.

17.07 Road Closures and Traffic Delays

A. Partial or full closure of streets in order to facilitate construction will be permitted, or required by the Engineer in
accordance with the following:

1. If the CONTRACTOR proposes a closure, the CONTRACTOR notifies the OWNER in writing at least 5 days
prior to the proposed closure of his intent to close the road.

2. At least 5 days prior to the proposed closure, the CONTRACTOR shall submit a detour traffic plan for each
location being detoured.

3. The CONTRACTOR shall install standard traffic control devices in accordance with the Detour Signage plan
provided in the bid documents and the Manual on Uniform Traffic Control Devices (MUTCD.)

4, The detour signage shall be covered when the road closure is not in effect.

B. CONTRACTOR shall notify the following agencies of any traffic delays or road closures three days in advance of
the work:

Nashua Police Department: (603) 594-3500
Nashua Fire Department: (603) 594-3652
School Bus Garage: (603) 594-4300
Nashua Solid Waste Department (603) 589-3410
Nashua Building Department (603) 589-3080

17.08 Prohibited Interests

A. CONTRACTOR shall not allow any officer or employee of the OWNER to have any indirect or direct interest in
this contract or the proceeds of this contract CONTRACTOR warrants that no officer or employee of the OWNER has
any direct or indirect interest, whether contractual, noncontractual, financial or otherwise, in this contract or in the
business of CONTRACTOR. If any such interest comes to the attention of CONTRACTOR at any time, a full and
complete disclosure of the interest shall be immediately made in writing to the OWNER. CONTRACTOR 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.
CONTRACTOR further warrants that no person having such an interest shall be employed in the performance of this
contract. If OWNER determines that a conflict exists and was not disclosed to the OWNER, it may terminate the
contract at will or for cause in accordance with Article 15.02.

GC - 52 of 53

B. In the event Contractor (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 may terminate the contract at will or for cause in accordance with
paragraph 9. Upon termination, Contractor shall refund to the City any profits realized under this contract, and
Contractor shall be liable to the City for any costs incurred by the City in completing the work described in this
contract. At the discretion of the City, these sanctions shall also be applicable to any such conviction obtained after the
expiration or completion of the contract.

C. Contractor warrants that no gratuities (including, but not limited to, entertainment or gifts) were offered or given by
Contractor to any officer or employee of the City 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 determines that such gratuities were or offered or given, it may terminate the contract at will or
for cause in accordance with Article 15.02.

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

17.09 Cooperation with Refuse Pickup
A. Contractor shall determine the schedule for trash pickup by contacting the City of Nashua Solid Waste Department.
The Contractor shall cooperate and make arrangements to insure that trash pickup is not delayed or obstructed in any

way. This may involve the Contractor bring trash barrels to the front or backside of the work area for pickup by the
Solid Waste Department and then returning the barrels back to each house.

GC - 53 of 53

DIVISION 7

SUPPLEMENTARYCONDITIONS

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
Professional Engineer, 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 Engineer's performance under the contract. Professional Engineer 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 Engineer should proceed with any or all of the proposed change. Ifthe change
causes an increase or a decrease in Professional Engineer'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 Engineer for
adjustment under this clause shall be asserted in writing within 30 days of the date the City
of Nashua notified Professional Engineer of the change.

When Professional Engineer seeks changes, Professional Engineer 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 Engineer should proceed with any or all of
the proposed change.

Except as provided in this paragraph, Professional Engineer 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.

Ciry OF NASHUA COOPERATION The City of Nashua agrees that its personnel will
cooperate with Professional Engineer in the performance of its work under this contract
and that such personnel will be available to Professional Engineer 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

GC 3 of 13

SUPPLEMENTARY CONDITIONS/PROSECUTION OF WORK

These Supplementary Conditions amend or supplement the Standard General Conditions of the
Construction Contract and other provisions of the Contract Documents as indicated below. All
provisions which are not so amended or supplemented remain in full force and effect.

1.

DESCRIPTION OF WORK
The contract work includes the limits on the various streets listed in the attached
summary. The specified pavement treatment is listed.

The City reserves the right to remove streets from the list, extend or shorten limits on
individual streets, or revise the specified pavement treatment on individual streets.

The City may also add additional streets to the contract work.

Should the net projection of the value of changes to the contract work exceed the
authorized amount, the Owner will present a contract amendment proposal to the
Contractor.

CONTRACTOR RESPONSIBILITY FOR GRADING

The Contractor shall be responsible to assure that the finished pavement surface will be
smooth and will have positive drainage. Contractor shall be responsible to assure that
puddling will not occur in either the roadway, or on adjacent private property as a result
of Contractor operations. Contractor shall perform any measurements needed in advance
of excavation, cold planning, reclamation and paving activities to assure adequate control
needed for grading operations.

The Engineer may provide a proposed grading design to the Contractor for use in areas to
be reclaimed. If a proposed design or other guidance is not provided by the Engineer, the
Contractor shall perform grading of the reclaimed base material to assure that the
preconstruction gutter line is recreated. Unless otherwise directed, roadway cross slope
on reclaimed streets shall generally be two percent with a centerline crown. In all cases,
roadway cross slopes on reclaimed streets shall not exceed four percent. Pavement cross
slope transitions shall be consistent with good practice generally accepted by New
Hampshire Department of Transportation.

If in the opinion of the Contractor, it is not possible to meet these grading requirements at
a particular location due to existing constraints, any such location shall be identified to
the Engineer in advance of milling, reclamation and/or paving activities to allow the
Engineer reasonable time to investigate and provide guidance to the Contractor.

PAVEMENT MIX
NHDOT certified mix designs are required for all pavement.

Binder courses shall be 75 gyration with PG 64-28 and maximum aggregate size of %
inch.

SC - 1 of 7