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e Present to City of Nashua, Board of Alderman, or subcommittees, as required. (2 meetings
assumed)
e Revise as required. (2 rounds assumed)

FINAL PLAN

® Prepare final lighting design and electrical package: including fixture cuts (fixtures and controls},
fixture schedule, and scaled lighting layouts.

® Provide final circuiting intent diagrams and/or control intent narrative.

@ Prepare a final electrical load report, identifying proposed fixtures with associated wattages,
dimming protocols, load types, and voltage requirements.

@ Perform in-house verification of lighting design to assure compliance with Energy Code.

e Provide input to cost estimate for lighting and controls (assumed to be by others).

@ Prepare final photometric studies.

® Present to City of Nashua, Board of Alderman, or subcommittees, as required. (2 meeting
assumed)

@ Revise as required (2 rounds assumed)

EXCLUSIONS

Except as noted above, value engineering, energy code conformance calculations and conformance
statements, LEED conformance and documentation, custom fixture design, cost estimating, renderings,
Revit drafting, additional photometric studies, daylight modeling, daylight calculations, rebate
paperwork, review and coordination of contractor-proposed “VE” substitutions, and mockup(s} are
excluded from the scope. If required, these will be provided as extra services, after approval of a fee
estimate. Significant departures from the process outlined above will resuit in a request for extra
services, including, review by LS of lighting layouts not drawn by Lumen Studio.

FEE SCHEDULE
Billing will be monthly and will be proportional to the following schedule. Invoices are due within 30
days of the date of invoice.

Project Element Fee % By Consultant

LS FT HD GIA
Schematic Design Phase 20% 20% 20% 20%
Public Engagement 10% 10% 10% 10%
Preliminary Plan 30% 30% 30% 30%
Final Plan 40% 40% 40% 40%
Total Fee by Consultant $43,050 $37,200 $8,250 Hourly (< $7,000)
TOTAL FEE $ 95,500.00
Total Expenses (Not to Exceed) $ 4,500.00

Contract Time
The contract time starts on the effective data and it is in effect until completion of the scope of work.
The scope of work will be completed by October 31, 2019.

Exhibit A

CONTRACT FOR PROFESSIONAL SERVICES

A CONTRACT BETWEEN

THE C]TY OF NASHUA
229 MAIN STREET, CITY HALL, NASHUA, NH 03060

AND

Vanasse Hangen Brustlin, Inc. (VHB)

NAME AND TITLE OF PROFESSIONAL ENGINEER

2 BEDFORD FARMS DRIVE, SUITE 200
BEDFORD, NH 03110

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 - Scope of Work & Fee from the Proposal Dated 06/09/22
Exhibit C — Executed VHB Contract April 27, 2022

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
carry out and perform in accordance with the terms and conditions of the contract the work described.

AG lof 3

THE CITY OF NASHUA “The Gate City"

Financial Services

Purchasing Department

January 31, 2019
Memo #19-117

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: UNLEADED FUEL CONTRACT (VALUE ESTIMATED $366,625)
DEPARTMENT: 186 TRANSPORTATION; FUND: GRANT AND VARIOUS

DEPARTMENT'S GENERAL FUNDS

Please see attached communication to Mayor Jim Donchess from Camille Pattison, Transportation
Manager, dated January 30, 2019 for information related to this contract award.

Pursuant to § 5-78 Major purchases (greater than $10,000) A. All supplies and contractual services,
except as otherwise provided herein, when the estimated cost thereof shall exceed $10,000 shall be
purchased by formal, written contract from the lowest responsible bidder, after due notice inviting bids.

The City is exercising the one year option in our FY19 contract to extend the contract for FY20. The
extension is at a lower cost saving the City $0.10 per gallon or an estimated $17,500 in FY20.

The Transportation Manager and the Purchasing Department recommend the award of the contract with
an estimated amount of $366,625 to Dennis K Burke Inc. of Taunton, MA.

Respectfully,’ i
ath Cert ge

: idan “Kooken

i Purchasing Manager

Cc: C. Pattison J. Graziano

i229 Main Street e Nashua, New Hampshire 03061 * Phone (603) 589-3330 « Fax (603) 589-3233

8 Community Development 589-3095
City of Nashua Planning and Zoning 589-3090

. soa Building Safet 589-3080
Community Development Division Code Enforcarnent 589-3100
City Hall, 229 Main Street, PO Box 2019 Cn ro arans mission eeeniee
Nashua, New Hampshire 03061-2019 Transportation 880-0100
www.nashuanh.gov FAX 589-3119

Date: January 30, 2018
To: Jim Donchess, Mayor
From: Carnille Pattison, Transportation Manager

Re: Finance Committee — Unleaded Fuel Contract

Nashua Transit is purchasing 6 new Champion Vans from Dattco that are gasoline powered to
replace their current diesel powered vans. FTA requires that Nashua Transit have a fixed price
contract for regular unleaded gasoline for the new vans. In FY18, we went out to bid for unleaded
gasoline for all City departments. Dennis K Burke Inc was the winner bidder and we entered in a
contract for FY19 with an option to extend for one additional year.

This contract is for unleaded fuel purchases for FY20. The FY20 Estimated Usage (citywide) is
175,000 gallons @ $2.095 per gallon or $366,625.

We request that the Finance Committee approve a contract with Dennis K Burke Inc. for FY20
unleaded gasoline in the amount of $2.095 per gallon.

SALES AGREEMENT CONFIRMATION
This will confirm the conversation of January 23, 2019 between seller and buyer in which the following agreement was reached.
Seller: Dennis K, Barke, Inc. 535 Constitution Drive Taunton, MA G2780
of Nashua Attention: Dan KRooken

603 333 229 Main NH 03061-2019
Fax/Emails Contract T MUNI

: 0004637

Product: Unleaded Gasoline (87)
Gallons Price Start Date Ending Date
175,000 52.095 July 1, 2019 Jume 30, 2020

***Please Note — This is an extension to the attacked “Exhibit C7?

TERMS: Net 36 Days Delivery: Price Includes Delivery Faxes: Price Does NOT Include Taxes

Product to be delivered ratably. Overdeliveries are payable at seller's prevailing delivery price(s). Underiiftings may be liquidated by
Burke at a charge of less than $.0500 per gallon plus the NYMEX differential. This charge is not a penalty but Burke's best effort to
minimize cost for both Burke and the customer. Burke is solely responsible for the calculation, Customer is responsible for all
applicable taxes and fees. Margin payment as determined by seller may be required in advance, upon receipt of this sales
confirmation.

Special Conditions:

Seller shall not be liable for failure to perform any obligations under this agreement where such failure may be due to causes
reasonably beyond seller’s control, including acts of God, (¢.g., storms, floods, lighting or earthquakes), fires, explosions, wars, civil
unrest, labor disputes, transportation breakdowns, harbor closings, government restrictions (¢.g., allocations, priorities or price
controls) or any other such cause. Seller's ability to supply petroleum products further is dependent on their continued availability
from seller’s usual and anticipated supply sources. In the event such products are not readily available in sufficient quantities to meet
seller’s total commitments, seller shall have the right to allocate ina fair and reasonable manner. No such occurrence shall refleve
buyer of the obligation to pay in full for product actually delivered.

The General Terms and Conditions of Dennis K, Burke, Inc. are incorporated by reference. This confirmation is the operative
instrument with respect to the referenced transaction. If any of the above is contrary to your understanding of our agreement, please
notify Dennis K. Burke, Inc. immediately. In the event no such notification is received by the close of business on the next working
day following this transmission, the provisions set forth herein shall be binding upon both parties.

We appreciate the opportunity to conclude this transaction with your company. By-signing this agreement and returning it to us you
are confirming that you have the authority to bind your company to this agreement,

Date Range: The term of the Agreement shall be subject to Buyer's consumption of the minimum amount of gallons as required
above. The date range as indicated on the Sales Agreement shall be effective only upon Buyer's full consumption of the minimam
amount of gallons required for each product, respectively. Buyer and Seller agree to fulfill gallon requirements at the price stated
within the Agreement beyond the date range indicated in the Agreement, if necessary.

eo ; Loy ?
Meal [bu srcbeyr, 28) 19

Buyer Date For: Dennis K/Burke Jac. - Date

gn and fax or e-mail back te: (617) 226-4569 or contracts@burkeoil.com*

REPORT OF THE FINANCE COMMITTEE

JANUARY 16, 2019

A meeting of the Finance Committee was held on Wednesday, January 16, 2019, at 7:02 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 Patricia Klee
Alderman June M. Caron
Alderman Linda Harriott-Gathright

Also in Attendance: Dan Kooken, Purchasing Manager
John Griffin, CFO/Comptroller
John Steward, Fleet Manager Street Department
Tim Cummings, Director Economic Development

PUBLIC COMMENT - None

Mayor Donchess

Now we have two items related to the Performing Arts Center; Tim is in the other meeting and should be here
momentarily. We can take them without him, | mean he has provided ... but maybe we should take it out of
order and go to the third item which is the packer.

COMMUNICATIONS

From: Dan Kooken, Purchasing Manager
Re: Purchase of One (1) Rear Load Packer — Trash Truck (Value: $276,254)

Mayor Donchess

And we have here the fleet manager to answer any questions. You can come sit at any of the chairs. Are
there any questions or discussions regarding the packer?

Alderman O’Brien
Thank you, if | may ask a question, | see this is a rear loader and | know the barrels in my neighborhood go
with the side loader. | thought eventually we would be phasing out rear loaders, but evidently they still have a

purpose with the City.

John Stewart, Fleet Manager Street Department

There are quite a few places in the City that the automated trucks can’t reach to the curb so that requires them.

Mayor Donchess

Downtown, narrow streets.

Finance Committee - 1/16/2019 Page 2
Mr. Stewart

We also use them for soft yard waste.

Mayor Donchess

A lot of where there are narrow streets, a lot of cars on the street.

Alderman O’Brien

Thank you Mr. Mayor because that makes sense, because like | say, | look at how convenient it is in picking up
off the side. Thank you.

MOTION BY ALDERWOMAN KELLY TO ACCEPT, PLACE ON FILE, AND AWARD THE CONTRACT TO
MCNEILUS TRUCK AND MANUFACTURING, INC., IN THE AMOUNT OF $276,254. FUNDS ARE
AVAILABLE IN DEPARTMENT 168, SOLID WASTE; CERF

MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: Purchase of One (1) Front Loader and One (1) Side Loader — Solid Waste Vehicles
(Value: $637,421)
MOTION BY ALDERWOMAN KELLY TO ACCEPT, PLACE ON FILE AND AWARD THE CONTRACT TO
MCNEILUS TRUCK AND MANUFACTURING, INC., IN THE AMOUNT OF $637,421. SOURCE OF

FUNDING IS DEPARTMENT 168, SOLID WASTE; CERF
MOTION CARRIED

Mayor Donchess
Thank you very much. Now let’s return to the first item which will require Mr. Cummings to come forward.
From: Dan Kooken, Purchasing Manager

Re: Construction Manager Services Contract for 201 Main Street — Performing Arts Center (“PAC”)
(Value: $TBD)

Mayor Donchess

So why don’t you fill us in on the background and short explanation?

Tim Cummings, Director of Economic Development

Sure so for the record, Tim Cummings, Director of Economic Development for the City. What is before you is a
contract for construction management services, we are doing design build. We don’t have the design in place
yet and so therefore we are not necessarily sure what that value will be which is how you predicate the value of
the construction manager contract. What we do have is an agreed to formula, which based off of the design,
they will receive a set dollar, based off of what is designed. | believe it is 2.9% which is in the contract.

All the terms in the contract are substantially similar; this is something that we needed to get on to the — that
you’ve seen in the past. This is something that we needed to get on the agenda, because we are trying to
make a very tight timeline. We are still working through some of the details. As you all know, | will be coming
before the Board of Aldermen, regularly — once a month — to give continuous updates. | will be happy to give
you an update as to how this contract progresses once we finalize the actual dollar amount, which we
anticipate to be over the next couple of weeks.

Finance Committee - 1/16/2019 Page 3

Mayor Donchess

This will have to go to the full Board as well?

Mr. Cummings

It may not. Definitely the architect will.

Mayor Donchess

Anything over a million, but | guess 2.9% is not. Ok, alright so the proposal is for Harvey Construction;
obviously the City has dealt with Harvey many times. Are there any discussion/questions, anything about the
contract?

Alderman O’Brien

Thank you Mr. Mayor. Mr. Cummings, is what you say, because | have never really seen a to-be-determined

amount come before this Board. So | am somewhat cautious with it but you gave a good explanation of what it
is, but is that inside Harvey’s contract that is the 2.whatever number that you quoted, is that in there?

Mr. Cummings

Yes.

Alderman O’Brien

Because | haven't really poured over the contract 100% but it is clearly stated. So it is a determined amount.

And lf | may have a follow up Mr. Mayor? If for some unforeseen reason, would a change order come back to
the Committee for that as with our usual procedure?

Mr. Cummings

Yes.

Mayor Donchess

Any other questions or discussion?

Alderwoman Kelly

Yes | too say the “TBD” and was concerned. | was wondering why we wouldn't put a “not to exceed” which we
have done in the past, based on this formula.

Mr. Cummings

| don’t know what that number is; not to exceed what?

Alderwoman Kelly

| guess that’s my question. | feel uncomfortable approving something that | don’t what that value is going to be
if you don’t know what that value is going to be?

Finance Committee - 1/16/2019 Page 4

Mr. Cummings

If | may Mr. Mayor — | think we have a pretty good understanding of projected estimates right, so we know that
per the bond resolution $15.5 million has been authorized. We are anticipating somewhere in the vicinity of a
little over a $1 million dollars of design. But | would not want to be held to that number explicitly because you
do have that other rule which is you have to come back for every $10,000.00 increment changes and that is
tough type of contract to manage.

That is just a tough scenario to be in so having the flexibility would help greatly and at the end of the day, it is
very transparent process. | am coming before the Board of Aldermen regularly, | can gladly give you updates.

Alderman Caron

Thank you. | understand what you are saying Director Cummings, but we have had change orders come
through for many, many items. As far as the $10,000.00 purchasing that has to come before Finance, we are
looking that next week that will be changed; so that would not affect anything here. In my 8 years of being
here, | have never seen a “to-be-determined” and if we are looking at that it is going to be $1.5 million dollars of
architectural fees, then that percentage, we should be figuring that in. You talk about transparency, but this is
very difficult for us to sit here and say “Ok’ it is like opening the pocketbook and letting the money flow without
having some control over it.

Your coming before the Board is to give us an update which | think is a great thing, but for the Finance
Committee this is what we have to approve and | know that over the last 6 months, we have approved millions
of dollars for Waste Water and then have had to come back and make changes because they have had
unexpected issues. So | have to agree with my two colleagues that this could be a concern for a lot of us.

Mayor Donchess

Now when you speak of the million dollars that is the architect, that is not the 3%.

Mr. Cummings

That’s on top of that. So if | may Mr. Mayor. So if it is the pleasure of the Committee and if you want to put a
number in, not to exceed $350,000.00 | think that is a reasonable figure. It is an estimate on my part; | did
anticipate this issue coming up. | will say that | want it to be explicitly clear particularly for our finance team
here in the City that that money will probably be overage because | am coming in a little high — will need to be
transferred to maybe another line item in the project.

| don’t want to be held up because | am told that Finance Committee approved it for this dollar amount
explicitly, | can’t use that money now in a different way. Because that just ties my hands to be able to manage
this project effectively. And that was one of the reasons why | really wanted it to be done this way. But if it is
the pleasure of the Committee to put it at $350,000.00 not to exceed with the understanding that there is more
money than is probably going to be necessary and we will be looking to change that, I’m fine with that.

Alderman Caron

Thank you, for me | would rather see a figure but | would prefer you to come in a little bit lower and then come
to us and say — because of issues that we didn’t know came up we need another $25,000.00 toward the
project. | don’t think anyone on the Committee is trying to stall or keep things from moving forward, but | think
me personally, | think it is important that there is something there; that | see a figure there. And | am not trying
to be argumentative, but that is a concern that | would have and | know | would be getting phone calls about
that.

Finance Committee - 1/16/2019 Page 5
Alderman Klee

| see merits in all sides in truth and | understand that if we did it at a lower value that would mean that you
might be coming in a little bit more regularly and it is subject to whoever is on the Board at the time which cold
change in a year, with an election coming up. And | understand the anxiety of something like that; so | could
see why you might not want to come in at a lower figure. | am all for the Performing Arts, but | have to agree
with my colleagues, we will be getting phone calls if we don’t have some number in there. And at the same
time it would be wrong if | didn’t say | also understand that you may, on the fly, need to take that money and
use it in a different location. | don’t know how much flexibility you have going from line item to line item as far
as finance is concerned and perhaps Mr. Kooken can answer that.

Mr. Cummings

Thank you, if | may, the issue is relative to time and the good example | can give you is somewhere between
November and the 1*' of the Year, how many times did this Finance Committee meet to actually authorize
differing types of changes? The reality is that you met | think once, maybe twice in an 8 week period, 10 week
period and that is ok and fine because we are all busy. But if | am trying to keep this project on time and on
schedule, an 8 or 10 week can be really difficult. That is the issue.

Mayor Donchess

Just in terms of allocation, Mr. Griffin is here, maybe he should come up, just in terms of this allocation. Just
because the Committee were to approve a maximum figure, that does not tie finance to that figure. There
would be still a flexibility — if the maximum figure were $350,000.00 and we only needed $300,000.00 there
would be nothing regarding the approval that would prevent the $50,000.00 that was unnecessary from being
expended on something else, correct

John Griffin, CFO/Comptroller

Yes Mr. Chairman, | think there are a couple of competing things going on here. You folks are going to be
hearing a public hearing moving $50,000.00 from an LED project to work on a school project. That is what you
folks need to from a Board of Aldermen. This is a situation where we have already authorized $15.5 million of
bonding. Furthermore, so we have spent $2 million to purchase the building; the team working on it was able
to get the Board to allow the construction manager and the architect, that is part of that $15.5 million.

What you are approving is contracts and | think the way you are proceeding is “not to exceed”. If Director

Cummings or the Mayor needs another contract to fulfill wnat you folks want to do to get the project going and
continuing, there may be another contract but it shouldn’t hold up in any kind of material way votes.

Mayor Donchess

So what you are saying is as long as we are under the “not to exceed” number if the full “not to exceed”
number were not required, there is nothing that would prevent the extra $50,000.00 or $25,000.00 or whatever
it is to be allocated somewhere else within the authorized project?

Mr. Griffin

Correct that is the way | look at it. You are going to have a series of agreements and contracts

Mayor Donchess

But if for some reason there were a recommendation or requirement that the “not to exceed” number be
exceeded, then you would have to come back to the Committee?