Search

Finance Committee - 3/20/2019 Page 7

Alderwoman Kelly

Thank you, | apologize if this is a question that you covered when | was unable to attend last week, but do we
have a plan, like what is our contingency if this just continues and continues.

Mr. Lafleur

We will have to discuss that next year. We are trying to finish out a full year to see where the markets are:
they are fluctuating so much right now — hopefully it will start to stabilize. We just dropped another $14.00 a
ton, it went up $13.00; went down $14.00. So we are still in the ballpark where we should be. Over the fall it
went real high like almost $90.00 a ton which is crazy, we’ve never seen that before. Now we are down in the
$70.00 range where we budgeted for, real close to that. So we will just have to see what the markets are
doing and then we will have to make a touch decision at some point.

We did mention that one of the options at our last meeting was to landfill the recycling and it is just not the right
thing to do right now. We want to try to do everything we can for the environment and for the airspace, | mean
that will eat up a lot of airspace for the City of Nashua and our landfills.

Chairman O’Brien

Additional questions from members of the board? Mr. Lafleur if you saw the last Aldermanic Meeting there
was great interest in this and | think we are going to have to put our heads together with your division and
everything to try to come up with something. As the way it is, nobody foresaw, the reflect it had to do more
international trade and anything else, so we will get it done hopefully.

MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: Phase III Landfill Construction Quality Assurance Services

MOTION BY ALDERWOMAN KELLY TO ACCEPT, PLACE ON FILE AND AWARD THE CONTRACT TO
SANBORN HEAD & ASSOCIATES, INC., IN THE AMOUNT OF $255,000. FUNDS ARE AVAILABLE IN
DEPARTMENT 168, SOLID WASTE; BOND FUNDS

MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: Phase III Landfill Construction

MOTION BY ALDERWOMAN KELLY TO ACCEPT, PLACE ON FILE AND, CONTINGENT UPON BOARD
OF ALDERMEN APPROVAL, AWARD THE CONTRACT TO CHARTER CONTRACTING COMPANY, LLC,
IN THE AMOUNT OF $5,525,525. SOURCE OF FUNDING IS DEPARTMENT 168, SOLID WASTE; BOND
FUNDS

ON THE QUESTION
Chairman O’Brien

Mr. Lafleur where this is such a large dollar amount, could you just give us what the Phase Ill is, | know it is
increasing our life expectancy to the landfill correct?

Mr. Lafleur
Yes sir. This is going to be about a 5 to 6 acre expansion to our landfill, it is going to give us about 10 years

airspace. It is needed; we are at a point we are in our landfill right now that we can’t capture all the airspace in
Phase | and II until Phase III is built, we are building ourselves into our pyramid which is making our area

Finance Committee - 3/20/2019 Page 8

smaller. So once Phase III is designed and built, we will be able to capture all of the airspace that’s in Phase |
and Phase Il.

Chairman O’Brien

Alderman Laws did you have something additional?
Alderman Laws

You took the words right out of my mouth.

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
MARCH 1, 2019 TO MARCH 15, 2019

MOTION CARRIED

GENERAL DISCUSSION - None

PUBLIC COMMENT - None

REMARKS BY THE ALDERMEN - None

NON-PUBLIC SESSION — None

ADJOURNMENT

MOTION BY ALDERWOMAN CARON TO ADJOURN
MOTION CARRIED

The Finance Committee meeting was adjourned at 7:19 p.m.

Alderwoman-at-Large Shoshanna Kelly
Committee Clerk

7:00 pm

FINANCE COMMITTEE

MARCH 20, 2019
Aldermanic Chamber

ROLL CALL

PUBLIC COMMENT

COMMUNICATIONS

From: Dan Kooken, Purchasing Manager

Re: Library Courtyard Renovation (Value $104,000); Department: 181, Community Development
Fund: General Escrows

From: Dan Kooken, Purchasing Manager

Re: Aquatic Invasive Species Control and Management (Value $65,713); Department: 181,
Community Development; Fund: General Escrows

From: Dan Kooken, Purchasing Manager

Re: Purchase of Two (2) 2019 Ford Transit Cargo Vans (Value: $57,857); Department: 191 School
Fund: CERF

From: Dan Kooken, Purchasing Manager

Re: 2019 Asphalt Testing (Value: $48,600); Department: 160, Admin/Engineering; Fund: Bond

From: Dan Kooken, Purchasing Manager

Re: Wet Weather Facility Screening Upgrade — Design and Bidding Phase (Value: Not-To-Exceed
$178,000); Department: 169 Wastewater; Fund: Wastewater

From: Dan Kooken, Purchasing Manager

Re: Casella Recycling, LLC Contract Change Order #1 (Value: $120,000); Department: 168, Solid
Waste; Fund: Solid Waste

From: Dan Kooken, Purchasing Manager

Re: Phase III Landfill Construction Quality Assurance Services (Value: $255,000); Department: 168
Solid Waste; Fund: Bond

From: Dan Kooken, Purchasing Manager

Re: Phase III Landfill Construction (Value: $5,525,525); Department: 168 Solid Waste; Fund: Bond

UNFINISHED BUSINESS ~ None

NEW BUSINESS — None

RECORD OF EXPENDITURES

GENERAL DISCUSSION

PUBLIC COMMENT

REMARKS BY THE ALDERMEN

POSS!

BLE NON-PUBLIC SESSION

bw ‘

ADJOURNMENT

2)\ THE CITY OF NASHUA ae

Financial Services

Purchasing Department

March 14, 2019
Memo #19-130

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: LIBRARY COURTYARD RENOVATION (VALUE $104,000)
DEPARTMENT: 181 COMMUNITY DEVELOPMENT; FUND: GENERAL ESCROWS

Please see attached communication from Sarah Marchant, Community Development Division Director,
dated March 7, 2019 for information related to this contract award.

§ 5-83. Professional services. In the purchase of accounting, architectural, auditing, engineering, legal,
medical and ambulance services and purchases of independent professional consultant services for
personnel, data processing, actuarial, planning, management and other comparable purchases
competitive bidding shall not be required. Competitive bidding is required in the procurement of insurance
agents and consultants.

The Community Development Division Director and the Purchasing Department recommend the award of
this contract to CRJA-IBI Consulting Services of Boston, MA in an amount of $104,000.

an Kdoken
Purchasing Manager

Ce: S. Marchant J. Graziano

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

City of Nashua Panning end Zour

Building Safety

Community Development Division Code Enforcement
City Hall, 229 Main Street, PO Box 2019 egrets amission
Nashua, New Hampshire 03061-2019 Transportation
www.nashuanh.gov FAX

589-3095
589-3090
589-3080
589-3100
589-3085
589-3105
880-0100
589-3119

Date: March 7, 2019
To: John Griffin, CFO; Daniel Kooken, Purchasing Manager
From: Sarah Marchant, Director Community Development Division

Re: Contract for Landscape Architectural Services for Renovation of the Library Courtyard

The Community Development Division in partnership with the Library issued RFP 0269-012219
to request proposals for design, engineering, and construction monitoring for the creation of an
innovative courtyard renovation to be completed the summer of 2020 for the multilevel plaza
area between the Library building and the adjacent city-owned building at 14 Court Street. We
received 5 proposals from CRJA-IBI, AECOM, Halvorson Design, TFM Deisgn and Urban
Associates.

A committee including Mayor Jim Donchess, Library Director Jennifer McCormack, Operations
Manager Mike Harris, and Sarah Marchant from City Staff and Marylou Blaisdell, Paul Shea,
Lisa Bissonnette, and Gail Moriarty from the community, reviewed the proposals and evaluated
each proposal based on the following criteria: 1. Qualifications and experience of project team,
2. Past performance and service on similar projects, 3. Proposed approach to scope of work, 4.
Overall quality of proposal, 5. Cost.

CRJA-IBI was chosen unanimously for their comprehensive proposal including design, public
process participation with 3-D views of proposed designs, professional civil and irrigation
personnel, relevant experience, focus on accessibility, phased design to allow project to stay on
budget and full construction monitoring included in proposal.

The Community Development Division recommends awarding the contract for renovation of the
Library Courtyard space to CRJA-IBI Consulting Services in the amount of $104,000.

CONTRACT FOR PROFESSIONAL SERVICES

ENGINEERING SERVICES FOR LIBRARY COURTYARD RENOVATION FOR
DOWNTOWN RIVERFRONT

A CONTRACT BETWEEN

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

IBI Group, a California Partnership, 21 CUStomM HOUSE STREET, BOSTON, MA 02110

and its successors, transferees and assignees (together “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 Professional Engineer herein specified are both
necessary and desirable and in the best interests of the City of Nashua; and

WHEREAS, IBI Group, a California Partnership and the Team represented in the Response to
RFP#0269-012219 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 Services, Contract Time, Fee Schedule

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 alt operations necessary and required to
carry out and perform in accordance with the terms and conditions of the contract the work described.

AG 1of3

3. PERIOD OF PERFORMANCE. Professional Engineer shall perform and complete all work within the time
periods set forth and 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. 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 (§ 104,000 ___)

which, unless otherwise provided in this contract, shall be paid in accordance with the provisions of
Exhibit B or 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 directly 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, 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.

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, 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: CRJA-IBIL REPRESENTATIVE:

AG 2 of 3

Community Development Division IBI Group, a California Partnership

Sarah Marchant, Director Catherine Offenberg, Principal In Charge
229 Main Street, PO Box 2019 21 Custom House Street
Nashua, NH 03060 Boston, MA 02110

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

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

City of Nashua, NH (signature) G 7 gup (signature)

James Donchess, Mayor Mcthevine. OF Gemlotay Z fe Ne t&
(Printed Name and Title) (Printed Nante and Fille) P

27-14

t

Date Date

Betty

AG 3 of 3

ID wR wD

oo

10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22,
23.
24.
25.
26.
27,
28.
29,
30.
31.

EXHIBIT A
TABLE OF CONTENTS
GENERAL CONDITIONS

DEFINITIONS

PROFESSIONAL ENGINEER 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

GC 1 of 11

GC--2
GC--2
GC--2
GC--3
GC--3
GC--3

GC--3
GC--4
GC--5
GC--6
GC--6
GC--7
GC--7
GC--7
GC--7
GC--8
GC--8
GC--8
GC--9
GC--9
GC--9
GC--10
GC--10
GC--10
GC--10
GC--10
GC--11
GC--1]
GC--11
GC--11
GC--11

General Terms and Conditions

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

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

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

GC 2 of 11