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Finance Committee - 1/16/2019 Page 6
Mr. Griffin

Correct.

Mayor Donchess

Unless it was less than whatever the amount of whatever the floor or the ceiling is, whether it is $10,000.00 or
$25,000.00 or whatever we do, if it is less than that, the Committee could simply be informed. But if it
exceeded whatever the requirement is at that time, we would need to come back.

Mr. Griffin
Correct.
Alderman O’Brien

Thank you Mr. Mayor. As many of my colleagues remember in another Committee | did write a proposal
where it raised the amount that Mr. Cummings said from $10,000.00 to $25,000.00 and now it is going to the
next step, | think will be hopefully passed within the Board of Aldermen. | felt very comfortable in doing that
and the reason is because we have Mr. Griffin as the CFO and Mr. Kooken, there are many people watching
the pot here as comptrollers and looking at the project; they are watching. So | feel very comfortable and in
that regard of the $25,000.00, that is stuff that already was pre-budgeted, ok, so we already pre-budgeted to
get back to the same mix here, we already assigned $15 million dollars in a way to this project.

So | think maybe what we are kind of concerned with and what | am concerned with and | think the public is
concerned with, is no so much the dollar amount but that the money is being spent on the project that it is.
And | just want to throw out there, if we have comptrollers that are watching this, Mr. Griffin and Mr. Cummings
and Mr. Kooken and the Mayor, would it satisfy this Board if Mr. Cummings did come back and report to the
Board the financial progress of this so that we know what the dollar amount is being set. That way, unless you
want that really cold, hard number, but I’m saying | would feel comfortable looking at a financial report that
comes back to this particular Board that we can determine that we are in the right direction.

Therefore, that would give us the authority to monitor the project well. And | will throw that out there. Thank
you Mr. Mayor.

Mayor Donchess
Well if the construction were $13, 500,000.00, 2.9% is $391,000.00.

Mr. Cummings
At $13.5?

Mayor Donchess

Yes.

Mr. Cummings
And then maybe safely say $400,000.00.

Mayor Donchess

Where | get $13.5 is $15.5 minus $2 million for acquisition. So the Motion pending is simply to approve as
proposed.

Finance Committee - 1/16/2019 Page 7

Alderwoman Kelly

| didn’t move. Do we want to move to amend?

Mayor Donchess

Well | just wanted to get going. Why don’t we make a motion to approve it and then entertain motions to
amend?

MOTION BY ALDERWOMAN KELLY TO ACCEPT, PLACE ON FILE, AND AWARD THE CONTRACT TO
HARVEY CONSTRUCTION. FUNDS ARE AVAILABLE IN DEPARTMENT 183, ECONOMIC
DEVELOPMENT; PERFORMING ARTS CENTER BOND

ON THE QUESTION

Mayor Donchess

So motions to amend are in order.

MOTION BY ALDERMAN CARON TO AMEND, PLACE ON FILE, AND AWARD THE CONTRACT TO
HARVEY CONSTRUCTION NOT TO EXCEED $400,000.00. FUNDS ARE AVAILABLE IN DEPARTMENT
183, ECONOMIC DEVELOPMENT; PERFORMING ARTS CENTER BOND

ON THE QUESTION
Alderman Klee

l’ll second that motion.

Mayor Donchess

Any further discussion?
Alderman O’Brien

Thank you, I’m not saying this is a bad motion but | am going to be reserved on it, because where | proposed
an alternative idea, | just want to state to the Board that if this motion should fail for the complete dollar
amount, then | will introduce another motion to have further guidance by Mr. Cummings. So | just want to
exercise that | could bring forward another motion. Thank you Mr. Mayor.

Alderman Caron

Thank you. | think that you are misunderstanding that. Mr. Cummings has to come this full Board now
monthly or quarterly to give us an update. So that shouldn't effect that we want to put in a dollar amount in this
particular contract. He still has to do that whether we have a dollar amount or not. So that is why | am asking
that we put that dollar amount in there. And that way, we are covered as well, because the first phone call we
are going to get is — why are you giving an approval on something that has no dollar amount for a large
project? And | all am all for the Performing Arts Center, don’t get me wrong. But! also have to do my due
diligence to the people in Ward 7 and throughout the City that have those kinds of questions. | certainly don’t
want people coming here and haranguing when Mr. Cummings is trying to do his job.

Mayor Donchess
| think that Mr. Cummings is comfortable with the $400,000.00 “not to exceed”, right?

3. PERIOD OF PERFORMANCE. Professional Engineer shall perform and complete all work by December
31, 2022 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 ( $26.730.00 )

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.

AG2of3

Finance Committee - 1/16/2019 Page 8

Mr. Cummings

Yes with the explicit understanding that we may need to, if the money comes in less, repurpose those funds
into another place in the project.

Mayor Donchess

Well we have already established that if less than $400,000.00 is required, no repurposing motion is
necessary, because this is a single purpose project. This is just one contract within a single project, not
moving from one — as Mr. Griffin said — you know lights, street lights to the Fire Department. Where are we
reallocating that, to the school building.

So the motion is not to exceed $400,000.00.
Alderman O’Brien

Well therefore if Mr. Cummings, if | may Mr. Mayor, if Mr. Cummings is content with that and with due respect
to the Ward 7 Alderman, then | will withdraw my previous statement of introducing another subsequent motion
and support Ward 7 Alderman. Thank you.

Alderwoman Kelly

| have two questions, one is clarification and one is to Mr. Cummings. Would it be the same on both of these
motions to do the $400,000.00 on both? No? That’s just construction, ok. Thank you.

Then my second question was just where does this wording go, where do we want to put it, is it before funds
are available?

Mayor Donchess

Well we understand, if the amendment passes and the motion passes as amended, we will deal with legal to
put it in the right place.

Alderwoman Kelly

Ok that sounds fine.

Alderman Lopez

So | just wanted to thank the Committee for making this decision because | think having the “to be determined”
amount, Director Cummings is just doing his job, like he obviously would prefer to build it as quickly and as
much open check booking as possible, but that will blow up in our face. | think that this an incredibly heavily
scrutinized project and | think if the Board of Aldermen isn’t going to exercise its responsibilities and make sure
we at least put a cap on how much money we are spending, it is only going to spell disaster for both the project
as it is perceived by the public and progress for getting it done on time. So | am really grateful that everybody
has had this discussion, particularly Alderman Caron for being such a strong advocate for it.

Mayor Donchess
So the motion is to amend $400,000.00 max, not to exceed.

MOTION CARRIED

Finance Committee - 1/16/2019 Page 9

Mayor Donchess

So the amendment passes so the motion is now before us to approve the contract with a not to exceed number
of $400,000.00. Is there any further discussion?

MOTION CARRIED

From: Dan Kooken, Purchasing Manager

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

MOTION BY ALDERWOMAN KELLY TO ACCEPT, PLACE ON FILE, AND AWARD THE CONTRACT TO

ICON ARCHITECTURE, INC. SOURCE OF FUNDING IS DEPARTMENT 183, ECONOMIC

DEVELOPMENT; PERFORMING ARTS CENTER BOND

ON THE QUESTION

Mayor Donchess

Now the percent here is proposed as 10%. So if we use the $13.5 million, 10% would be $1,350,000.00.
Does someone want to make a motion to insert a “not to exceed” number of $1,350,000.00?

MOTION BY ALDERMAN CARON TO AMEND THE ARCHITECTURAL MANAGER’S SERVICE
CONTRACT TO READ A VALUE NOT TO EXCEED $1,350,000.00.

ON THE QUESTION

Mayor Donchess

Any discussion on that motion to amend? Nothing? All those in favor of the motion to amend?
MOTION CARRIED

Mayor Donchess

So the motion is now before us to approve the contract with the amendment to be included by legal not to
exceed $1,350,000.00. Any discussion on that motion to amend? It’s not the motion to amend, it is to approve
as already amended, sorry.

MOTION CARRIED

UNFINISHED BUSINESS — None

NEW BUSINESS — None

RECORD OF EXPENDITURES

MOTION BY ALDERWOMAN KELLY THAT THE FINANCE COMMITTEE HAS COMPLIED WITH THE CITY
CHARTER AND ORDINANCES PERTAINING TO THE RECORD OF EXPENDITURES FOR THE PERIOD
DECEMBER 28, 2018 TO JANUARY 10, 2019

MOTION CARRIED

GENERAL DISCUSSION - None

PUBLIC COMMENT - None

Finance Committee - 1/16/2019 Page 10

REMARKS BY THE ALDERMEN

Alderman O’Brien

| want to thank Alderman Caron, | don’t want you to think | was against you there. | was trying to come up with
a way with a compromise for the situation because | think as the people voted, they do support the Performing
Arts Center, | know a lot of us do. So just trying to look for the best way; but | think you were prudent in
coming up —| think the tax payers would like to see a clear dollar amount. So it was my pleasure to support
you with that. Thank you.

Alderman Lopez

I’m not even on this Committee so | appreciate the recognition. Yesterday on the Committee that | actually
was on | made a comment to some of the other Aldermen that | would playing at an open mic for charity for the
outreach team on Sunday at 5:30 p.m. at Liquid Therapy. Some skepticism was raised and | would like to

point out that | can play guitar and | can sing. If you don’t believe me, then come on Sunday at 5:30 to Liquid
Therapy.

Mayor Donchess

Is there an admission charge?
Alderman Lopez
No there’s no cover, lots of raffle items.

Alderwoman Harriott-Gathright

There are several celebrations going on this weekend and | just want to share that with Nashua. The first one
is Saturday at First Baptist Church in Nashua, they have a great celebration for Martin Luther King with
speakers and music from many different choirs and that is free. There is no admission charge for that, and did
| say it was at 6:00, | think it is 6:00.

And then on Monday, Southern New Hampshire Outreach of Black Unity will be celebrating our 35™ Annual
Martin Luther King Breakfast at the same place, which is Alpine Grove and it starts at 8:30 and our keynote
speaker is the Reverend Eric Jackson, he is a Senior Pastor as Brookside Congregational Church. He is the
President of the Manchester National Association for Advancement of Colored People and he is also the NH
Co-Chair for the Poor People’s Campaign. So we are going to have a good time.

We also have a youth speaker, Jamila-Ashanti Scales, and she is the elected 2019 Board of Education North
High School Student Representative to the Board of Education. So we are going to hear from some great
speakers. And we have other students that are performing and our Mayor will be there of course, as always.
We did confirmation from Senator Hassan as well as from Congresswoman Annie Custer. So we are going to
have a good time this year, and quite a few other officers and City Officials.

So | invite my colleagues here as well and to the City of Nashua, please come out and join us, it is $35.00 in
advance you can call 603-880-4537 and | will make sure you get your tickets. It is $40.00 at the door, youth
and students are $20.00 and 4 and under is free, because it really is like a family affair, it really is. So that’s it.

Mayor Donchess

While we are on that subject, Nashua was the first City in New Hampshire to create a Martin Luther King
Holiday some 10 years or so before the State of New Hampshire did. So this was in ’88 or ’89. So we are very
happy to be celebrating those holidays.

Finance Committee - 1/16/2019 Page 11

Alderman Klee

| don’t have so much a remark as a question. Director Cummings made a comment about if he had to come in
front of the Board because sometimes there can be long periods of time, but we can call a Special Finance
Committee meeting correct? If we needed to; | just want to let the public know that we may not have to come
because there may not be anything in front of the Board, but when there is something that is important and
needs to be escalated we can call a special meeting and get us all here. Thank you.

Alderman Laws

| just wanted to hear what Alderman Lopez said. | am very proud of the discussion that happened tonight in the
Chamber | think everyone did a really great job. | didn’t chime in much because you had it handled. You did
the right thing and good work, especially you Alderman Caron.

Alderman Caron

Alderman O’Brien | appreciate it, | know that we do a lot of things together and we don’t always agree but |
think it is important because this is a big project. | mean look at what happened when we were trying to do a
playground that took up all of our time. So | think that having a number there will help us and it won’t delay the
project because as Mr. Griffin has stated, it is a project and you can move that money around within the project
to use it as needed. If it was going outside of the project then he would have to come back here. But | think
that we would be doing a disservice if we didn’t put some numbers in there and | appreciate your support on
that. Thank you. And thank you Mayor for getting the numbers because | was trying to figure out how much
we should put in there.

POSSIBLE NON-PUBLIC SESSION

Alderman O’Brien
Go Patriots! And a motion to adjourn.
ADJOURNMENT

MOTION BY ALDERMAN O’BRIEN TO ADJOURN
MOTION CARRIED

The Finance Committee meeting was adjourned at 7:36 p.m.

Alderwoman-at-Large Shoshanna Kelly
Committee Clerk

7:00 pm

FINANCE COMMITTEE
JANUARY 16, 2019

Aldermanic Chamber

ROLL CALL

PUBLIC COMMENT

COMMUNICATIONS

From:

Re:

From:

Re:

From:

Re:

From:

Re:

Dan Kooken, Purchasing Manager
Construction Manager Services Contract for 201 Main Street - Performing Arts Center (“PAC”)
(Value: $TBD); Department: 183 Economic Development; Fund: Bond

Dan Kooken, Purchasing Manager
Architectural Manager Services Contract for 201 Main Street —- Performing Arts Center (“PAC”)
(Value: $TBD); Department: 183 Economic Development; Fund: Bond

Dan Kooken, Purchasing Manager
Purchase of One (1) Rear Load Packer — Trash Truck (Value: $276,254): Department: 168,
Solid Waste; Fund: Trust; Activity: CERF

Dan Kooken, Purchasing Manager
Purchase of One (1) Front Loader and One (1) Side Loader — Solid Waste Vehicles
(Value: $637,421); Department: 168 Solid Waste; Fund: Bond; Activity: CERF

UNFINISHED BUSINESS — None

NEW BUSINESS — None

RECORD OF EXPENDITURES

GENERAL DISCUSSION

PUBLIC COMMENT

REMARKS BY THE ALDERMEN

POSSIBLE NON-PUBLIC SESSION

ADJOURNMENT

Sioa
eC TTT te
; oo

} THE CITY OF NASHUA “The Gate City’

Financial Services

Purchasing Department

January 10, 2019
Memo #19-113

TO: MAYOR DONCHESS
FINANCE COMMITTEE
SUBJECT: CONSTRUCTION MANAGER SERVICES CONTRACT FOR 201 MAIN STREET —

PERFORMING ARTS CENTER (“PAC”) (VALUE: $TBD)
DEPARTMENT: 183 ECONOMIC DEVELOPMENT; FUND: BOND

Please see attached communication from Tim Cummings, Director of Economic Development dated
January 9, 2019 for the information related to this purchase.

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 Director of Economic Development and the Purchasing Department recommend approval of this
contract in an amount of $TBD to Harvey Construction of Bedford, NH.

Respectfully,

Dan Kooken
Purchasing Manager

Ce: TCummings J Graziano

229 Main Street « Nashua, New Hampshire 03061 » Phone (603) 589-3330 « Fax (603) 589-3233 |

THE CITY OF NASHUA “Renae

Office of Economic Development

mma eae

To: J. Donchess, Mayor

From: Tim Cummings, Economic Developinent Director
Ce:

Date: January 9, 2019

Re: Construction Manager Services Contract

Request

The Office Economic Development requests approval ta contract with Harvey Construction for
construction management services for the creation of a Performing Arts Center (“PAC”) at 201 Main Street
in an amount to be determined later based will be based on the formula as outlined and shall nol exceed
2.9% of the GMP.

Background

As you may be aware the city passed a bond for $15.5M for the purposes of creating a Performing Arts
Center (“PAC”) at 201 Main Street. Additionally, the City of Nashua put together a Steering Committee of
various stakeholders to help advise with the development of this project. At this time. the PAC Steering
Committee recommends we procure the services of Harvey Construction for their Construction
Management services. By way of background, an RFQ went out for Construction Management services
this past summer and the city received approximately 10 proposals from qualified respondents. The PAC
Steering Committee decided to interview 4 firms of which 3 invitations were accepted, After reviewing the
various proposals, interviewing various entities and doing a plethora of due diligence the steering
committee recommended to the Mayor and Board of Aldermen that Harvey Construction’s services be
procured. Harvey has executed many building projects on behalf of the city and is uniquely qualified
having constructed performing art centers and theater in New Hampshire recently.

Recommendation
The Office of Economic Development recommends approval of the contract to Harvey Construction.