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31. CHOICE OF LAW AND VENUE 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.

GC 13 of 13

ICON

ARCHITECTURE

101 SUMMER ST
BOSTON MA
02110

ICONARCH.COM
617.451.3333

Exhibit B

Tim Cummings

Director of Economic Development
City of Nashua

229 Main Street

Nashua, NH 03061-2019

October 26, 2021

Dear Tim,

Please find attached our landscape architecture and civil engineering proposals for
redesigning West Pearl Street from Main Street to Walnut Street. Our proposed fee
includes ICON’s design and construction documents oversight and participation in up
to five public meetings. The fee of $100,000 is structured in two phases. Construction

Administration will be a third phase and is not included in this proposal.

PHASE 1: Preliminary Design

ICON Architecture $6,000
Gregory Lombardi Design - Streetscape $20,400
Rist Frost Shumway - Civil Engineering + Overhead $23,600
Utility Relocation

Total $50,000
PHASE 2: Design Documents

ICON Architecture $6,000
Gregory Lombardi Design - Streetscape $28,000
Rist Frost Shumway - Civil Engineering + Overhead $16,000
Utility Relocation

Total $50,000

The Architect shall be compensated pursuant to a "Lump Sum" amount agreed to by
the Architect and the Owner. From the Notice to Proceed, the fee will be invoiced
monthly on a percent complete basis. Meetings and/or site visits beyond those
identified in this proposal will be an Additional Service based on the hourly rates
attached hereto. Expenses (printing, parking & travel) are reimbursable at a rate of 1.1

times the actual cost.

Please let me know if this is acceptable. We anticipate that construction documents

completed by mid-December.

Sincerely,

ay

Ned A. Collier AIA, LEED AP
Principal | Vice President

Copy: Janice Marinello, Mark McKevitz

ICON ARCHITECTURE 101 SUMMER ST BOSTON MA_ 02110 617.451.3333 ICONARCH.COM

BILLING RATES

Hourly billing rates are effective January 1, 2021 and subject to change annually.
The hourly fee schedule for professional services performed on a Time and
Expense basis is as follows:

Billing Rates 2021
Principal III $335.00
Principal || $250.00
Associate Principal || $205.00
Associate Principal | $185.00
Senior Project Manager || $170.00
Senior Project Manager | $160.00
Project Manager $150.00
Licensed Professional III $140.00
Licensed Professional II $120.00
Licensed Professional | $110.00
Professional III $135.00
Professional II $115.00
Professional | $100.00
Technical/Drafter S 90.00
Admin S 75.00
Intern S 65.00

Expenses

Expenses including reproduction, postage and delivery, telephone, model
supplies and travel are billed at our cost plus 10 percent.

City of Nashua

Purchasing Department
Administrative Services Division (603) 589-3330
229 Main Street - Nashua, NH 03060 Fax (603) 594-3233

November 9, 2021
Memo #22-186

TO: Mayor Donchess
Finance Committee

SUBJECT: Design & Construction for the DPW Facility Change Order #1 in the amount not to exceed
$40,060 funded from accounts 53107 Architect & Engineering Services

Please see attached communications from Tim Cummings, Director of Economic Development, dated
November 4, 2021 for project specific details related to this purchase. Below please find a summary of the
purchase approval request:

Item: Amendment to HKT agreement to add parking lot design with associated drainage,
filing of an Alteration of Terrain (AOT) Permit for the parking lot and a revision of
the structural system for the new DPW building from steel joists to steel beams.

Value: Original Contract approved under Finance Memo 20-072 on 1/15/20 for $997,204
Change Order #1 $40,060

New Total Contract Value: $1,037,264

Vendor: HKT Architects

Department: 160 Engineering

Source Fund: 53107 Architect & Engineering Services

Ordinance: Pursuant to NRO § 5-83 Professional Services (A) 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.

The Board of Public Works (11/4/21 BPW meeting}, Division of Public Works: Engineering, Economic
Development Division and the Purchasing Department respectfully request your approval of this contract.

Regards,

Kelly Parkinson
Purchasing Manager

Ce: T Cummings
L Fauteux
C O'Connor

The bonds are to be issued in fully-registered form by means of a book-entry system or
otherwise and shall have such terms and conditions and be in such form, subject to the provisions
of this resolution and applicable law, as shall be determined by the Mayor and the City
Treasurer.

No borrowing for the renovation or construction of a new performing arts center, except
for costs related to acquiring and securing (for safety and security purposes) the property
anticipated to be used as a new performing arts center, shall occur until such time as the Mayor
has determined that private funds totaling at least four million dollars ($4,000,000), to be used
towards a portion of the operating costs of such new performing arts center, have been raised.

RESOLVED FURTHER, that the Mayor is authorized to enter into the required
contracts therefor as well as any amendments to be made thereto or any other documentation
necessary for the receipt of said funds.

Jim Donchess
Mayor e City of Nashua

To: Board of Aldermen

From: Mayor Jim Donchess

Date: November 9, 2021

Re: Contract Award in excess of $1,000,000 — Change Order #1 for DPW Facility Design

Pursuant to NRO: § 5-74/B: E. Approval by the Finance Committee of a contract award in excess of
$1,000,000 shall be submitted to the full Board of Aldermen at its next regularly scheduled meeting
for final approval prior to award of the contract.

The Finance Committee has approved and placed on file the notification of the award of the
referenced contract at the November 17, 2021 meeting and as such | am requesting the full Board of
Alderman approve the following contract:

Item: Change Order #1 for $40,060 which increases the total contract
amount to $1,037,264. Original contract was approved by the
Finance Committee on 1/15/20 in the amount of $997,204.

Value: $1,037,264
Vendor: HKT Architects Inc.
Purchasing Memo#: 22-186 dated November 9, 2021
Contract Term: to project completion
Thank you.

229 Main Street * PO Box 2019 * Nashua, New Hampshire 03061-2019
603.589.3260 * fax 603.594.3450 * NashuaMayor@NashuaNH.gov
www. NashuaNH.gov

as) THE CITY OF NASHUA “The Gate City’

Office of Economic Development

TO: Jim Donchess, Mayor & Michael O’Brien, Chair
FROM: Tim Cummings, Economic Development Director

Date: November 04, 2021

RE: Approval of HKT Contract Amendment for AoT Design Services &
Structural Design Modifications

The enclosed documents requesting an increase in the HKT design contract by $40,060.00, of
which $29,360.00 is for additional scope of work of an Alternation of Terrain (‘AoT’”) state
permit. During the Schematic Design phase of the project it was discovered that an AoT permit
is necessary. Going into the project it was not originally contemplated, but as the design of the
project progressed, it became clear this state permit would be necessary. The balance of the
funds requested is going to making structural modifications.

Filing an AoT is a time sensitive proposition it takes approximately a month to put an application
together and the review and approval period taking approximately six months; therefore, to
maintain the timeline it was recommended to use funds currently set aside in the contract for
‘construction administration” phase and backfill once the amendment is approved. Without an
AoT permit the project cannot proceed.

THANK YOU.

229 Main Street, Suite 234 * Nashua, New Hampshire 03060 « Phone (603) 589-3106

AMENDMENT TO AGREEMENT

This First Amendment to Agreement is entered into as of this day of
November 2021, by and between CITY OF NASHUA, a municipality in the State of New
Hampshire (hereinafter referred to as "City"), and HKT Architects, INC., (hereinafter
referred to as the "Architect") whose address is 24 Roland Street, Charleston, MA 02129.

WHEREAS, City and Architect entered into that certain Professional Architectural
Services related to the Design and Construction Oversite for Division of Public Works
Facility for the Nashua Department of Public Works, dated March 6, 2020 by HKT and
March 11, 2020 by the City of Nashua (the " Agreement" ); and

WHEREAS, both City and Architect desire to amend the Agreement to expand the
scope of services and amend the budget.

NOW THEREFORE, the parties agree as follows:

I. Pursuant to Section 30 of the Agreement "Modification of Contract and Entire
Agreement, " the Agreement is hereby amended to add the additional scope and
amended budget as described in the September 1, 2021 letter and October 14 letter to
Director Lisa Fauteux relative to the Contract Amendment Proposal which is
attached hereto and incorporated fully herein.

2. All other terms of the Agreement remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed, or have caused their properly
authorized representatives to duly execute, this First Amendment to Agreement on the date
and year first above written.

City of Nashua HKT Architects, Inc.

By: James Donchess, Mayor By: Janet M. Slemenda, Principal

Date: Date:

Scope of Work for Contract Amendment #1

September 1, 2021

Lisa Fauteux

Director of Public Works

City of Nashua

9 Riverside Street

Nashua, New Hampshire 03062

Re: Nashua Public Works Project: New Building
Amendment #1: Alteration of Terrain Application

Dear Ms. Fauteux,

At the request of the City of Nashua NH, we are pleased to submit this proposal for
additional work to submit the Alteration of Terrain (AoT) application.

Scope of Work:

Hoyle and Tanner will submit an Alteration of Terrain (AoT) application in
connection with the City of Nashua Department of Public Works (DPW)
Administration Building project.

The site plan for the 25,000 square foot administrative building for the DPW, to be
located at the site of the Nashua Solid Waste Department at 840 West Hollis
Street, includes approximately 150-170 parking spaces and drainage design. This
will require design of the parking lot with the associated drainage and an Alteration
of Terrain (AOT) Permit be filed with NHDES.

The AOT scope includes:
e Site Design: Site Design
o Include all parking spaces, associated drainage, utilities, grading
and green areas.
e Alteration of Terrain Permitting

o Site design and drainage to conform with NHDES regulations.
o Site Specific Soil Survey and Wildlife Assessment letter report.
o Design to include BMP's and construction details, as required.
o File application and address review comments from NHDES.

Assumptions are as follows:

e Design stormwater Best Management Practices (BMPs) to treat
stormwater associated with 25,000 sf building and up to 150-170 space
parking lot.

e Assumes stormwater BMPs will be located on City property and will not
include infiltration or soil permeability testing due to existing regulated site.

e City will provide all pertinent existing information (studies, reports, surveys,
and geotechnical reports, borings, test pits, etc.)

e City will provide any additional existing conditions data, if required.

24 Roland Street, Suite 301
Charlestown, MA 02129
T: 617.776.6545

F: 617.776.6678

www. hktarchitects.com