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27.

28.

29.

30.

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 Professional Consultant (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, Professional Consultant shall refund to
the City of Nashua any profits realized under this contract, and Professional Consultant
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.

Professional Consultant warrants that no gratuities (including, but not limited to,
entertainment or gifts) were offered or given by Professional Consultant 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 rights or remedies available to the City of Nashua under this contract
or at law.

THIRD PARTY INTERESTS AND LIABILITIES The City of Nashua and Professional
Consultant, 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 Professional Consultant.

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 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 Professional Consultant. 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.

GC 12 of 13

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

Exhibit B
MARVEL

Schedule

Months

Task |Dec'21 Jan'22 Feb Mar Apr May

>
Preparatory Work ¢

+—— Kick-off Meeting

Z
“hs ? ¢ Ca
Initial Engagement { T
Lo

Concept Plans

Follow up Engagement | T

Preferred Plan

Review by Client

. . Final Report Pre
Final Delivarable P P mz:

+—— Final Presentation

Bi-weekly Meetings (¢—-@—@ —@—O@— O— O—_ O©— O— O— O—O>

Task Plan

Exhibit B

Task

1 Preparatory Work
Kick-off meeting

Existing Documents Collection & Review

MTG

Review Previous Infrastructure Asessments

Comparable Projects
Progress Meeting
Site Visit + Meeting

Market Analysis/Benchmarking/Funding Sources

Marvel F&T BJH Havey

Total

Approx. Hours

Marvel

Total

Fee

$5,000 $4,000 $5,000

$14,000

50

140

2 Intial Engagement
Stakeholder Identification and Contact
Process Overview Presentation-Zoom
Online survey #1
Pop-up
Public Meeting #1
Fee

$10,000

$10,000

90

90

3 Concept Plans
Program Options
Option Selection
Option Development
Cost Estimate

Fee

$20,000 $4,000 $5,000

$29,000

180

270

4 Follow Up Engagement
Process Overview Presentation-Zoom
Online survey #2
Pop-up
Board of Alderman Presentation
Public Meeting / Town Hall #2

Fee

$10,000

$10,000

90

90

5 Preferred Plan
Develop Preferred Plan
Cost Estimate
Proforma and Memo

Fee

$20,000 $4,000 $10,000 $10,000

$44,000

180

390

6 Final Deliverable
Final Presentation
Final Report

|Fee

$5,000 $3,075

$8,075

50

70

[Total Fee

$70,000 $15,075 $15,000 $15,000

$115,075

Reimbursables

Meetings

Virtual

$3,219 $1,206 $500

Responsibilities
primary role
supporting role

$4,925
$120,000

City of Nashua

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

October 27, 2021
Memo #22-184

TO: Mayor Donchess
Finance Committee

SUBJECT: Architectural Design/Streetscaping of West Pear! Street in the amount not to exceed
$100,000 funded from accounts 53142 Consulting Services/Downtown Improvement
Committee & Economic Develooment Escrow

Please see attached communications from Tim Cummings, Director of Economic Development, dated
October 25, 2021 for project specific details related to this purchase. Below please find a summary of the
purchase approval request:

Item: Phase 1 & 2 of the Architectural Design/Streetscaping along West Pear! Street to
include Preliminary Designs and Final Design work

Value: not to exceed $100,000

Vendor: Icon Architecture

Department: 183 Economic Development
Source Fund: 53142 Consulting Services/ Downtown Improvement Committee & Economic
Development Escrow Funds

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.

We recommend this bid to be awarded to the lowest total cost vendor who meets the specified
requirements. The Economic Development Division, and the Purchasing Department respectfully request
your approval of this contract.

Regards,
Kelly Parkinson

Purchasing Manager

Ce: T Cummings
J Graziano

THE CITY OF NASHUA “The Cate City

Office of Economic Development

TO: James Donchess, Mayor
FROM: Tim Cummings, Economic Development Director
Date: October 25, 2021

RE: Approval of West Pearl Street Streetscaping Design Contract

I am writing to seek approval to enter into a design contract for streetscaping along West Pearl

Street.

As you may know, the Performing Arts Center is currently under construction and originally the
vision included some streetscaping and infrastructure upgrades along West Pearl Street,
however, a decision was made early on to value engineer some of these external infrastructure

improvements out of the project in an effort to contain the project cost.

This does not negate the need to improve West Pearl Street; to that end, the Downtown
Improvement Committee has prioritized this project and has set aside $50,000.00 to begin
designing an improved West Pearl Street. This coupled with the previously escrowed figure of
$50,000 phases 1 and 2 can proceed. Phase 1 and 2 is essentially Preliminary Design and Final
Design work. A third phase for construction administration would be necessary once the project

goes under construction.

Under NRO 5-83, we will be utilizing the same design team currently under contract for the
Performing Arts Center. They have a unique understanding of the area due to the considerable
amount of time they have already spent on West Pearl Street and can act expeditiously to

produce design plans.

THANK YOU.

229 Main Street, Suite 234 * Nashua, New Hampshire 03060 * Phone (603) 589-3070

Board of Aldermen — 9/12/17 Page 47

REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN

Alderman Lopez

There is an event this Saturday, the Arts Olympics at 1:00 p.m., downtown. Anybody who is interested in the
arts, | definitely suggest you come check it out. It’s a first time event and it should be very interesting.

Alderman O’Brien

Congratulations to one of our members to the rededication of the David Deane Skate Park. It’s good that it is
up and running. | apologize that | couldn’t be there. | would like to say something else to Alderman Deane and
the Board. Ya, the Burke Street property, | don’t know how dead is dead, but the thing is we’ve still got other
issues with the waste treatment plant, other different things that are going on. I’m holding out hope that
something is going to morph into something that is going to be a little bit better. I’m kind of hoping that we’re
just kind of taking a break, stand back, relook at it, and come up with a better decision. I’m hoping that can be
done. Thank you.

Alderwoman Melizzi-Golja

Thank you to everyone who came this evening. This week at the Planning Board there is going to be a public
hearing regarding the downtown riverfront project. That will be up in the auditorium at 7:00 p.m. for those who
are interested in having input. In October, that will be coming forward to Planning & Economic Development. |
just want to thank everyone who worked on the Back-to-School event. As everyone knows, it is a collaboration
between the City and the Chamber. It was very successful this year. | would just like to thank the committee
members from the various city departments as well as from the Chamber and Alderman Caron and George
Katis for all of their help.

Alderman Schoneman

A number of speakers tonight recognized that this is a difficult job. It is a difficult job. It’s ten minutes until
twelve. I’m exhausted. | imagine the others are too. This was an issue that divided a community. It was not
easy. | recognize the passion that these folks brought. It was very difficult because | had to choose to
disappoint somebody, and that’s never a choice anyone likes to make. My objections were not about having
an arts center, but were about the specifics of a plan. | truly hope that an arts center develops here. | look
forward to seeing what this committee wants to do. | voted against putting it on the ballot. | listened to some of
the arguments, but I’m glad it’s going to be on there. | think it’s good. The people are going to decide, and we
will see what they want to do. | think that’s the best thing. Thank you.

Alderman Dowd

| just want to thank everybody for the thoughts regarding my sister’s passing, and for the flowers for the
Celebration of her Life.

Alderman Cookson

| just wanted to take a moment to speak about the public hearing that wasn’t scheduled this evening. All reliant
on a feasibility study that our Office of Economic Development would be charged with conducting, zero cost to
the citizens of Nashua, zero cost to have him go out and explore with city staff and personnel to see if there
was any opportunity, any feasibility of utilizing any of the buildings at what was formerly known as Daniel
Webster College.

In addition to that we passed on the opportunity because we won’t have an opportunity to have a public
hearing prior to the auction or the time to submit a bid if we were interested in anything. We missed out on the
opportunity to increase our athletic fields. Maybe they are not important to some members of the Board of
Aldermen, but | understood that Superintendent Caggiano was concerned about the athletic fields that we have

CONTRACT FOR PROFESSIONAL SERVICES

TITLE

A CONTRACT BETWEEN

THE CITY OF NASHUA, 229 MAIN STREET, CITY HALL, NASHUA, NH 03060
AND

ICON ARCHITECHURE
NAME AND TITLE OF PROFESSIONAL CONSULTANT

101 SUMMER ST. BOSTON, MA 02110
ADDRESS OF PROFESSIONAL CONSULTANT

WHEREAS, the City of Nashua, a political subdivision of the State of New Hampshire, from time
to time requires the services of a Professional Consultant; and

WHEREAS, it is deemed that the services of a Professional Consultant herein specified are both
necessary and desirable and in the best interests of the City of Nashua; and

WHEREAS, Professional Consultant 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 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

AG1 of 4

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 Consultant 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.

DESCRIPTION OF WORK: SEE ATTACHED

3. PERIOD OF PERFORMANCE. Professional Consultant shall perform and complete all work by 2-28-22

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 Consultant shall
begin performance upon receipt of an Executed Contract and a valid Purchase Order issued from the City
of Nashua.

4. COMPENSATION. Professional Consultant agrees to perform the work for a total cost not to exceed
($100,000.00 )

The Contract Sum shall include all items and services necessary for the proper execution and completion
of the Work.

Unless Professional Consultant has received a written exemption from the City of Nashua, Professional
Consultant 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 Consultants right to payment as the City of Nashua may reasonably require.
Professional Consultant 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

AG2 of 4

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 Consultant 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 Consultant. The City of
Nashua will pay Professional Consultant 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 executed 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: PROFESSIONAL CONSULTANT REPRESENTATIVE:

James Donchess Ned Collier — ICON Architecture
229 Main St 101 Summer St
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 Consultant may change the address or representative by giving written
notice to the other party.

AG 3 of 4