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Board of Aldermen — 9/12/17 Page 24
FINANCE COMMITEE... ccc cece cece cece cece cece ceeeeeeeeeeeeteeeeeeeneeenees 09/06/17

There being no objection, President McCarthy declared the report of the September 6, 2017, Finance
Committee accepted and placed on file.

Committee on Infrastructure... ccc ccccccecceeccceecececceeeeceeaeeeraueeeraeeeraeees 08/23/17

There being no objection, President McCarthy declared the report of the August 23, 2017, Committee on
Infrastructure accepted and placed on file.

Human Affairs Committee ....... ccc cceececececceeececeeeesaneceeaeeeraneertaeess 08/14/17

There being no objection, President McCarthy declared the report of the August 14, 2017, Human Affairs
Committee accepted and placed on file.

Personnel/Administrative Affairs Committee ......0....0.ccceccececececeeceeeeeaeees 08/07/17

There being no objection, President McCarthy declared the report of the August 7, 2017, Personnel/
Administrative Affairs Committee accepted and placed on file.

Personnel/Administrative Affairs Committee ......0......ccccececeeeceeceeeereeees 08/21/17

There being no objection, President McCarthy declared the report of the August 21, 2017, Personnel/
Administrative Affairs Committee accepted and placed on file.

WRITTEN REPORTS FROM LIAISONS — None

CONFIRMATION OF MAYOR'S APPOINTMENTS

Cultural Connections Committee

MOTION BY ALDERMAN LOPEZ TO CONFIRM BY VOICE VOTE THE APPOINTMENT OF THE
FOLLOWING INDIVIDUALS TO THE CULTURAL CONNECTIONS COMMITTEE FOR TERMS TO EXPIRE
JULY 30, 2020: SAMBA C. HALKOSE, 58 WINTER STREET, MANCHESTER, NEW HAMPSHIRE, AND
ADELINA HERNANDEZ, 56 CHESTNUT STREET, NASHUA

MOTION CARRIED

President McCarthy declared Samba C. Halkose and Adelina Hernandez duly appointed to the Cultural
Connections Committee for terms to expire July 30, 2020.

Oath of Office administered by Corporation Counsel.

Nashua Arts Commission

MOTION BY ALDERMAN CLEMONS TO CONFIRM BY VOICE VOTE THE APPOINTMENT OF ALISON
BANKOWSKI, 35 MANCHESTER STREET, NASHUA, TO THE NASHUA ARTS COMMISSION FOR A
TERM TO EXPIRE APRIL 1, 2020

MOTION CARRIED

President McCarthy declared Alison Bankowski duly appointed to the Nashua Arts Commission for a term to
expire April 1, 2020.

President McCarthy declared a two minute recess.

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Service Provider agrees to assist disadvantaged business enterprises in obtaining business
opportunities by identifying and encouraging disadvantaged suppliers, consultants, and sub
consultants to participate to the extent possible, consistent with their qualification, quality of work,
and obligation of Service Provider under this contract.

In connection with the performance of work under this contract, Service Provider agrees not to
discriminate against any employee or applicant for employment because of race, creed, color,
national origin, sex, age, or sexual orientation. This agreement includes, but is not limited to, the
following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising,
layoff or termination, rates of pay or other forms of compensation, and selection for training,
including apprenticeship.

Service Provider agrees, if applicable, to insert these provisions in all subcontracts, except for
subcontracts for standard commercial supplies or raw materials. Any violation of any applicable
provision by Service Provider shall constitute a material breach of the contract.

ENDORSEMENT Service Provider shall seal and/or stamp and sign professional documents
including drawings, plans, maps, reports, specifications, and other instruments of service prepared
by Service Provider or under its direction as required under the laws of the State of New Hampshire.

ASSIGNMENT, TRANSFER, DELEGATION, OR SUBCONTRACTING Service Provider shall not
assign, transfer, delegate, or subcontract any rights, obligations, or duties under this contract
without the prior written consent of the City of Nashua. Any such assignment, transfer, delegation,
or subcontracting without the prior written consent of the City of Nashua is void. Any consent of
the City of Nashua to any assignment, transfer, delegation, or subcontracting shall only apply to
the incidents expressed and provided for in the written consent and shall not be deemed to be a
consent to any subsequent assignment, transfer, delegation, or subcontracting. Any such
assignment, transfer, delegation, or subcontract shall require compliance with or shall incorporate
all terms and conditions set forth in this agreement, including all incorporated Exhibits and written
amendments or modifications. Subject to the foregoing provisions, the contract inures to the benefit
of, and is binding upon, the successors and assigns of the parties.

CITY INSPECTION OF CONTRACT MATERIALS The books, records, documents and accounting
procedures and practices of Service Provider related to this contract shall be subject to inspection,
examination and audit by the City of Nashua, including, but not limited to, the contracting agency,
the Board of Public Works, Corporation Counsel, and, if applicable, the Comptroller General of
the United States, or any authorized representative of those entities.

DISPOSITION OF CONTRACT MATERIALS Any books, reports, studies, photographs, negatives or
other documents, data, drawings or other materials, including but not limited to those contained in
media of any sort (e.g., electronic, magnetic, digital) prepared by or supplied to Service Provider
in the performance of its obligations under this contract shall be the exclusive property of the City
of Nashua and all such materials shall be remitted and delivered, at Service Provider's expense, by
Service Provider to the City of Nashua upon completion, termination, or cancellation of this
contract. Alternatively, if the City of Nashua provides its written approval to Service Provider, any
books, reports, studies, photographs, negatives or other documents, data, drawings or other
materials including but not limited to those contained in media of any sort (e.g., electronic,
magnetic, digital) prepared by or supplied to Service Provider in the performance of its obligations
under this contract must be retained by Service Provider for a minimum of four years after final
payment is made and all other pending matters are closed. If, at any time during the retention
period, the City of Nashua, in writing, requests any or all of the materials, then Service Provider
shall promptly remit and deliver the materials, at Service Provider's expense, to the City of Nashua.
Service Provider shall not use, willingly allow or cause to have such materials used for any purpose

GC 8 of 11

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22.

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other than the performance of Service Provider's obligations under this contract without the prior
written consent of the City of Nashua.

PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS Service Provider expressly agrees that all
documents ever submitted, filed, or deposited with the City of Nashua by Service Provider
(including those remitted to the City of Nashua by Service Provider pursuant to paragraph 20),
unless designated as confidential by a specific statue of the State of New Hampshire, shall be treated
as public records and shall be available for inspection and copying by any person, or any
governmental entity.

No books, reports, studies, photographs, negatives or other documents, data, drawings or other
materials including but not limited to those contained in media of any sort (e.g., electronic,
magnetic, digital) prepared by or supplied to Service Provider in the performance of its obligations
under this contract shall be the subject of any application for a copyright or patent by or on behalf
of Service Provider. The City of Nashua shall have the right to reproduce any such materials.

Service Provider expressly and indefinitely waives all of its rights to bring, including but not limited
to, by way of complaint, interpleader, intervention, or any third party practice, any claims, demands,
suits, actions, judgments, or executions, for damages or any other relief, in any administrative or
judicial forum, against the City of Nashua or any of its officers or employees, in either their official
or individual capacity of the City of Nashua, for violations of or infringement of the copyright or
patent laws of the United States or of any other nation. Service Provider agrees to indemnify, to
defend, and to hold harmless the City of Nashua, its representatives, and employees from any claim
or action seeking to impose liability, costs, and attorney fees incurred as a result of or in connection
with any claim, whether rightful or otherwise, that any material prepared by or supplied to Service
Provider infringes any copyright or that any equipment, material, or process (or any part thereof)
specified by Service Provider infringes any patent.

Service Provider shall have the right, in order to avoid such claims or actions, to substitute at its
expense non-infringing materials, concepts, products, or processes, or to modify such infringing
materials, concepts, products, or processes so they become non-infringing, or to obtain the
necessary licenses to use the infringing materials, concepts, products, or processes, provided that
such substituted or modified materials, concepts, products, or processes shall meet all the
requirements and be subject to all the terms and conditions of this contract.

FINAL ACCEPTANCE Upon completion of all work under the contract, Service Provider shall notify
the City of Nashua in writing of the date of the completion of the work and request confirmation
of the completion from the City of Nashua. Upon receipt of the notice, the City of Nashua shall
confirm to Service Provider in writing that the whole of the work was completed on the date
indicated in the notice or provide Service Provider with a written list of work not completed. With
respect to work listed by the City of Nashua as incomplete, Service Provider shall promptly
complete the work and the final acceptance procedure shall be repeated. The date of final
acceptance of a project by the City of Nashua shall be the date upon which the Board of Public
Works or other designated official accepts and approves the notice of completion.

TAXES Service Provider shall pay all taxes, levies, duties, and assessments of every nature due in
connection with any work performed under the contract and make any and all payroll deductions
required by law. The contract sum and agreed variations to it shall include all taxes imposed by
law. Service Provider hereby indemnifies and holds harmless the City of Nashua from any liability
on account of any and all such taxes, levies, duties, assessments, and deductions.

NON-WAIVER OF TERMS AND CONDITIONS None of the terms and conditions of this contract shall
be considered waived by the City of Nashua. There shall be no waiver of any past or future default,

GC 9 of 11

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breach, or modification of any of the terms and conditions of the contract unless expressly
stipulated to by the City of Nashua in a written waiver.

RIGHTS AND REMEDIES The duties and obligations imposed by the contract and the nghts and
remedies available under the contract shall be in addition to and not a limitation of any duties,
obligations, nghts, and remedies otherwise imposed or available by law.

PROHIBITED INTERESTS Service Provider shall not allow any officer or employee of the City of
Nashua to have any indirect or direct interest in this contract or the proceeds of this contract. Service
Provider warrants that no officer or employee of the City of Nashua has any direct or indirect
interest, whether contractual, noncontractual, financial or otherwise, in this contract or in the
business of Service Provider. If any such interest comes to the attention of Service Provider at any
time, a full and complete disclosure of the interest shall be immediately made in writing to the City
of Nashua. Service Provider 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. Service Provider further warrants that no
person having such an interest shall be employed in the performance of this contract. If City of
Nashua determines that a conflict exists and was not disclosed to the City of Nashua, it may
terminate the contract at will or for cause in accordance with paragraph 8.

In the event Service Provider (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 of Nashua
may terminate the contract at will or for cause in accordance with paragraph 8. Upon termination,
Service Provider shall refund to the City of Nashua any profits realized under this contract, and
Service Provider shall be liable to the City of Nashua for any costs incurred by the City of Nashua
in completing the work described in this contract. At the discretion of the City of Nashua, these
sanctions shall also be applicable to any such conviction obtained after the expiration or completion
of the contract.

Service Provider warrants that no gratuities (including, but not limited to, entertainment or gifts)
were offered or given by Service Provider to any officer or employee of the City of Nashua 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
of Nashua determines that such gratuities were or offered or given, it may terminate the contract at
will or for cause in accordance with paragraph 8.

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

THIRD PARTY INTERESTS AND LIABILITIES The City of Nashua and Service Provider, including
any of their respective agents or employees, shall not be liable to third parties for any act or
omission of the other party. This contract is not intended to create any rights, powers, or interest
in any third party and this agreement is entered into for the exclusive benefit of the City of Nashua
and Service Provider.

SURVIVAL OF RIGHTS AND OBLIGATIONS The rights and obligations of the parties that by their
nature survive termination or completion of this contract shall remain in full force and effect.

SEVERABILITY In the event that any provision of this contract is rendered invalid or unenforceable
by any valid act of Congress or of the New Hampshire legislature or any court of competent
jurisdiction, or is found to be in violation of state statutes or regulations, the invalidity or
unenforceability of any particular provision of this contract shall not affect any other provision, the
contract shall be construed as if such invalid or unenforceable provisions were omitted, and the

GC 10 of 11

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parties may renegotiate the invalid or unenforceable provisions for sole purpose of rectifying the
invalidity or unenforceability.

MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT This contract constitutes the entire
contract between the City of Nashua and Service Provider. The parties shall not be bound by or be
liable for any statement, representation, promise, inducement, or understanding of any kind or
nature not set forth in this contract. No changes, amendments, or modifications of any terms or
conditions of the contract shall be valid unless reduced to writing and signed by both parties.

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.

HAZARDOUS MATERIALS Thornton Tomasetti shall have no responsibility for the discovery,
presence, handling, removal or disposal of or exposure of persons to hazardous materials in any
form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated
biphenyl (PCB), bacteria, mold, fungi, lead based paints or other similar materials or other toxic
substances, infectious materials, or contaminants.

GC 11 of 11

Exhibit B - Scope of Services and Fee Summary for City of Nashua Parking Garage Study - Thornton-Tomasetti

Scope Estimated Proposed
Phase| Item # Description Purpose Assumptions Responsibility Deliverable | Labor (Hours} Cost
Kick-off meeting with the City to establish team and contacts . . .
2 and collect all available reports, drawings and pertinent Re eu Meeting
5 1A Kick-Off Meeting . ; . 5 , ; Associate 2 Hours, Agenda & 4 $4,505]
€ information associated with each garage. Prepare meeting _ .
a . . . Principal 1 Hours Minutes
oo agenda and follow up with meeting minutes.
S
ov
a
bo
& Review all Existin: Review all existing documents, drawings, and previous . .
2 1B 8 8 8 P Project Engineer 8 Hours 8
m Documents reports.
a
= Submit
2 Provide memo to the City with questions regarding existing Associate 2 memo to
3 1C Provide Memo to City documents. Meet virtually with City to review questions Principal 1 City and 3
ea from document review. B virtual
a meeting
5
i Prepare base AutoCAD drawings for use in the field and
°
Prepare base AutoCAD
5 1D Drenain 5 inclusion in final report. City of Nashua has provided PDF BIM Drafter 16 Hours 16
8 drawings of the 2010 restoration phase
Multiple site visits to each garage. We anticipate 2 visits at
each garage to document all existing conditions. It is
anticipated that the first site visit will be 2-3 people onsite for
2A Site Assessment P . peop ; $15,200
a day and half for to review each garage. A follow up site
visit to confirm documented repairs prior to issuing report
for a day for 1-2 people.

Updated 9/17/2020 - JS

Exhibit B - Scope of Services and Fee Summary for City of Nashua Parking Garage Study - Thornton-Tomasetti

Scope

Estimated

Proposed

Phase

Item #

Description

Purpose

Assumptions

Responsibility

Deliverable

Labor (Hours}

Cost

Site Assessment

2B

2c

2D

2E

Existing Conditions

Review

Snow Removal Review

Safety Review

Existing Conditions

Review

Existing conditions review to include:

*Drainage and condition of drains and leaders.

*Building exterior, fagade, bumpers, walls/guardrails,
sealants & finishes.

*Deck surfaces, noting location and condition of traffic
membranes, traffic sealants, and expansion joints.
*Exposed precast connections and cast-in-place concrete
toppings/washings.

*Chain drag all CIP toppings and washes to identify
delaminations.

*Precast double Tees, spandrels, inverted Tee beams,
columns, shear walls and lite walls noting all cracks, spalls, or
other deterioration.

*Stair towers to include review of handrails, stair framing,
risers, landings, and identify any safety concerns.

*MEP to include visual review of exposed electrical conduit,
lighting, plumbing, fire protection, and elevator.

*Review parking access and revenue control systems.
*Review of existing parking layouts including ADA spaces and
access.

*Architectural elements to include guardrails, railings, doors
and hardware, facade, and signage.

Review of snow removal procedures with City Staff

Provide Memo to City-to identify safety items such as tripping
hazards, overhead spalls, stair tower tread or railing issue or
immediate safety concerns.

Develop existing conditions drawings for each garage that
identify all areas requiring repairs noted during our site work.

Project Engineer 30 Hours,
Associate 24 Hours,
Principal 8 Hours

Associate 2
Principal

Associate 4
Principal 1

BIM Drafter 24 Hours

Coordinate
with City of
snow
removal
procedures

Submit
memo to
City

62

Updated 9/17/2020 - JS

Exhibit B - Scope of Services and Fee Summary for City of Nashua Parking Garage Study - Thornton-Tomasetti

Scope Estimated Proposed
Phase| Item # Description Purpose Assumptions Responsibility Deliverable | Labor (Hours} Cost

Project Engineer 8 Hours,

2F |Travel Travel Time for site assessment Associate 8 Hours, 20
Principal 4 Hours

i)

& Testing Expenses $1,300 (included in proposed cost),

$ Chain drag all cast-in- Chain drag all cast-in-place concrete toppings. (note work will . e PE $ ( ed }

ov 3A . . er Project Engineer 2 Hours, 4 $2,290
e place concrete toppings be completed during site visits as noted above). .

co Associate 2 Hours

6

<

oC

Ss

<

o

bo

& Submit

c Collect concrete samples for chloride ion testing at 6 . . testing

g 3B |Concrete Samples locations (3 per garage). Submit samples to laborator Project Engineer 1 report with 2
3 P . per garage). P y Associate 1 =P

om testing. Final Report
< wae

| Submission
ww

wv

E

Prepare opinion or probable costs and life cycle analysis for
twenty-year plan. The initial opinion will include the cost for

all the repairs noted during our site visits and the anticipated Project Engineer 12
future repairs. Life cycle analysis will include estimated Associate 4

design and construction administration fees, interest, and Principal 2
construction contingencies based on our previous

experience.

20-Year Plan, Life Cycle
Analysis

3 Updated 9/17/2020 - JS

Exhibit B - Scope of Services and Fee Summary for City of Nashua Parking Garage Study - Thornton-Tomasetti

Scope Estimated Proposed
Phase| Item # Description Purpose Assumptions Responsibility Deliverable | Labor (Hours} Cost

We will prepare separate documents for each garage.
Prepare and submit draft report to City to include executive

. _ . . Project Engineer 36 Submit Draft
Preparation of Draft summary, current conditions observations, repair .
4c . . . . . Associate 10 Report to 50
Report recommendations to include list High (life safety), Moderate, _ .
Principal 4 City

and Low priority repairs items. Report will include photos
within the report associated with the text.

Associate 2 Virtual
4E |Meeting with City Meeting with City of Nashua to discuss the report. _ . 4
Principal 2 meeting

8 Expenses: Including
< il toll
5 6 mueage, to $ Completion of project tasks including site work. $2,000
e accommodations, meals,
“ and printing.
TOTAL COST $40,845

4 Updated 9/17/2020 - JS

REPORT OF THE FINANCE COMMITTEE

FEBRUARY 3, 2021

A meeting of the Finance Committee was held on Wednesday, February 3, 2021, at 7:00 p.m. via
teleconference.

Mayor Jim Donchess, Chairman, presided.

Mayor Donchess

As Chairman of the Finance Committee, | find that due to the State of Emergency declared by the
Governor as a result of the COVID-19 pandemic and in accordance with the Governors Emergency Order
#12 pursuant to Executive Order 2020-04 and subsequent extensions, this public body is authorized to meet
electronically.

Please note that there is no physical location to observe and listen contemporaneously to this meeting, which
was authorized pursuant to the Governor's Emergency Order. However, in accordance with the Emergency
Order, | am confirming that we are:

Providing public access to the meeting by telephone, with additional access possibilities by video or other
electronic means:

To access Zoom, please refer to the agenda or the City’s website for the meeting link.

To join by phone dial: 1-929-205-6099
Meeting ID: 827 2471 7335
Passcode: 403067

The public may also view the meeting via Channel 16.

We previously gave notice to the public of the necessary information for accessing the meeting, through public
postings. Instructions have also been provided on the City of Nashua’s website at www.nashuanh.gov and
publicly noticed at City Hall and Nashua Public Library.

If anybody has a problem accessing the meeting via phone or Channel 16, please call 603-821-2049 and they
will help you connect.

In the event the public is unable to access the meeting via the methods mentioned above, the meeting will be
adjourned and rescheduled. Please note that all votes that are taken during this meeting shall be done by roll
call vote.

Let’s start the meeting by taking a roll call attendance. When each member states their presence, please also
state whether there is anyone in the room with you during this meeting, which is required under the Right-To-
Know Law.

The roll call was taken with 6 members of the Finance Committee present: Alderwoman Elizabeth Lu,
Alderman Linda Harriott-Gathright, Alderwoman-at-Large Shoshanna Kelly, Alderman-at-Large Brandon
Michael Laws, Alderman-at-Large Michael B. O’Brien, Sr., and Mayor Jim Donchess. Alderman Patricia Klee
was recorded absent.

Members not in Attendance: Alderman Patricia Klee