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LEGISLATIVE YEAR 2020

RESOLUTION: R-20-092

PURPOSE: Relative to the acceptance and appropriation of $896,349 from
the State of New Hampshire Department of Health and Human
Services into Public Health and Community Services grant
activity “COVID-19 Enhanced Detection”

SPONSOR(S): Mayor Jim Donchess
COMMITTEE
ASSIGNMENT: Human Affairs Committee
FISCAL NOTE: Fiscal impact is a $896,349 grant to be used for a specific
purpose.
ANALYSIS

This resolution authorizes the City of Nashua and the Division of Public Health and Community
Services to accept and appropriate funds from the State of New Hampshire Department of Health
and Human Services for the purpose of supporting infection control through enhanced detection
in response to COVID-19. This funding shall be in effect from July 1, 2020 through November
18, 2022.

Approved as to account Financial Services Division
structure, numbers,

and amount: By: /s/ John Griffin
Approved as to form: — Office of Corporation Counsel

Date: UW None pew HOO

R-20-093

RESOLUTION

APPROVING THE GUARANTEED MAXIMUM PRICE AMENDMENT FOR THE
PERFORMING ARTS CENTER

CITY OF NASHUA

In the Year Two Thousand and Twenty

WHEREAS, on January 16, 2019, the City of Nashua Finance Committee awarded the
Standard Form of Agreement between Owner and Construction Manager as Contractor where the
basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price for the
Performing Arts Center to Harvey Construction Corporation (Harvey); and

WHEREAS, Harvey has submitted the attached Guaranteed Maximum Price Amendment
to the Standard Form of Agreement between Owner and Construction Manager as Contractor
where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum
Price for consideration.

NOW THEREFORE, BE IT RESOLVED by the Board of Aldermen of the City of
Nashua that the City is authorized to enter into a Guaranteed Maximum Price Amendment to the
Standard Form of Agreement between Owner and Construction Manager as Contractor where the
basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price with
Harvey in substantially the form attached.

FURTHER RESOLVED by the Board of Aldermen of the City of Nashua that the
Mayor, with the assistance of the Office of Corporation Counsel, is authorized to prepare and
execute all necessary documents related to the Guaranteed Maximum Price Amendment.

LEGISLATIVE YEAR 2020

RESOLUTION: R-20-093
PURPOSE: Approving the Maximum Price Amendment for the
Performing Arts Center
SPONSOR(S): Mayor Jim Donchess
COMMITTEE
ASSIGNMENT: Special Board of Aidermen meeting ~ November 24, 2020
FISCAL NOTE: The Guaranteed Maximum Price to construct the Preforming

Arts Center, guaranteed by the Construction Manager, is
$15,821,890, subject to additions and deductions threugh the
Change Order process.

ANALYSIS
This legislation approves the Guaranteed Maximum Price amendment for the construction of the
Performing Arts Center.

Approved as to account Financial Services Division
structure, numbers and
amount: By: _/s/ John Griffin

Approved as to form: Office of Corporation Counsel
By:

Date: AlbS . 4 , BOX.

BATA document A133°- 2009 Exhibit A

Guaranteed Maximum Price Amendment

_for the following PROJECT:

(Name and address or location}

. Downtown Performing Art Center

201 Main Street
Nashua, NH 03061

“THE OWNER:

(Name, legal status and address)

City of Nashua
229 Main Street
Nashua, NH 03061-2019

THE CONSTRUCTION MANAGER:
(Name, legal status and address)

Harvey Construction Corporation
10 Harvey Road
Bedford, New Hampshire 03110

ARTICLE A.4

ADDITIONS AND DELETIONS:

The author of this document has
added information needed for its
completion. The author may also
have revised tha fext of the original
AIA standard form, An Additions and
Deletions Report that notes added
information as well as revisions to the
standard form text is available from
the author and should be reviawed, A
Vertical line in the left margin of this
document indicates where the author
has added necessary informatian
and where the author-has added te er
deleted from the original AIA text.

This document has important iegal
consequences. Consultation with an
altorney is encouraged with respect
to [ts completion or modification.

AIA Document A201™~_2007,

§ A.1.1 Guaranteed Maximum Price General Conditions of the Contract
Pursuant to Section 2.2.6 of the Agreement, the Owner and Construction Manager hereby ‘0 Construction, is adopted in this
amend the Agreement to establish a Guaranteed Maximum Price. As agreed by the Owner 40cument by reference. Do not use
and Construction Manager, the Guaranteed Maximum Price is an amount that the Contract th cther'general conditions unless
Sum shall not exceed. The Contract Sum consists of the Construction Manager’s Fee plus ‘8 documents mocified.

the Cost of the Work, as that term ts defined in Article 6 of this Agreement.

§ A114 The Contract Sum is guaranteed by the Construction Manager not to exceed
Fifteen, Million Eight Hundred Twenty-One Thousand Eight Hundred Ninety and no/100
Dollars

($ 15,821,890.06 }, subject to additions and deductions by Change Order as provided in the
Contract Documents.

§ A.1.1.2 {temized Statement of the Guaranteed Maximum Price. Provided below is an
itemized statement of the Guaranteed Maximum Price organized by trade categories,
allowances, contingencics, altemates, the Construction Manager’s Fee, and other items
that comprise the Guaranteed Maximum Price.

{Provide below or reference an attachment.)

See Attached Exhibits

§ 4.1.1.3 The Guarantced Maximum Price is based on the following altematos, if any,
which are described in the Contract Documents and are hereby accepted by the Owner:
(State the numbers or other identification of accepted alternates. If the Contract
Documents permit the Owner te accept other alternates subsequent to the execution of this
Amendment, attach a schedule of such other alfernates showing fhe amount for each and
the date when the amount expires.)

ATA Document A133" ~ 2008 Exhibit A. Copyright © 1991, 2003 and 2009 by The American institute of Architects. All rights raservad. The "Amarican Institute of

Init. Architects,” "AIA," the AIA Lago, and “AIA Contrast Documents" are ragistered trademarks and may not be used without permission. This document was produced 1
by AIA software at 16:36:51 ET on 10/20/2020 under Order No.4797552926 which expires on 09/23/2071, Is nat for resale, is licansad for one-time use only, and
f may only be used in accordance with tha AIA Contract Documents® Tarms of Service, To report copyright violations, e-mail copyright@aia.org.

User Notes: (19352388251)

Init.

See Attached Exhibit D

§ A.1.1.4 Allowances included in the Guaranteed Maximum Price, if any:
(Identify allowance and state exclusions, if any, from the allowance price.)

Item Price ($0.00)
See Attached Exhibit E

§ A11.4 Assumptions, if any, on which the Guaranteed Maximum Price is based:
See Attached Exhibit F

§ A.1.1.6 The Guarantecd Maximum Price is based upon the following Supplementary and ather Conditions of the
Contract:

Document Title Date Pages
None

§ A147 The Guaranteed Maximum Price is based upon the following Specifications:
(Either list the Specifications here, or refer io an exhibit attached ta this Agreement.)
See Attached Exhibit G

. Section Titis Date Pages

§ A.1.1.6 The Guaranteed Maximum Price is based upon the following Drawings:
(Either list the Drawings here, or refer to an exhibit attached to this Agreement.)
See Attached Exhibit G

Number Title Date

§ A.1.1.8 The Guaranteed Maximum Price is based upon the following other documents and information:
(List any other documents or information here, or refer to an exhibit attached ta this Agreement)

See Attached Exhibit FH — GMP Estimate

See Attached Exhibit I - Construction Schedule

See Attached Exhibit ] ~ Exclusions

See Attached Exhibit K — Value Engineering Matrix

ARTICLE A.2
§ A.2.1 The anticipated date of Substantial Completion established by this Amendment:

Fourteen (14) months after a notice to proceed and the utility lines are relocated on West Pearl Street

OWNER (Stenature) CONSTRUCTION MANAGER (Signature)

: William E. Stevens President
(Printed name and title) (Printed name and title)

AiA Document A133” - 2009 Exhibit A, Copyright G 1997, 2003 and 200$ by The American Institute of Architects. AH rights reserved. The “Anterican Institute of
Architects,” “AlA,” the AIA Lago, and "AIA Contract Documents” are registered trademarks and may not be used without pannission, This document was produced
by AIA software at 16:38:54 ET on 16/20/2020 under Order No.4797552925 which expires an 09/23/2021, Is not for resala, Is licensed for one-time use only, and
may only bo used in accordance with the AIA Contract Decumants® Terms of Service. To report capyright violations, e-mail copyright@aia.arg.

User Notas: (1935238251}

Certification of Document’s Authenticity
AIA® Document D401™ — 2003

I, William E, Stevens, President, hereby certify, to the best of my knowledge, information and belief, that J created the
attached final document simultaneously with its associated Additions and Deletions Report and this certification at
16:38:51 ET on 10/20/2020 under Order No. 4797552925 from AIA Contract Documents software and that in
preparing the attached final document I made no changes to the original text of AIA® Document A133™ — 2009
Exhibit A, Guaranteed Maximum Price Amendment, as published by the ALA in its software, other than those
additions and deletions shown in the associated Additions and Deletions Report.

(Signed)

(Title)

(Dated)

AIA Document B401™ — 2003, Copyright @ 1992 and 2003 by The American Instilute of Architects, All rights reserved, Tha “American Institute of Architects,”
“AIA.” the AIA Lago, and “AlA Contract Documents” ara registered lrademarka and may not be used without permission. This decument was produced by ALA
softvare at 16:38:61 ET on 10/20/2020 under Order No.4797552925 which expires on 09/23/2021, is not for resale, is licensed for one-time use only, and may only
be used in accordance wilh the AIA Contract Documents® Tams of Service. To report copyright violations, e-mail copyright@aia.org.

User Notas: {19352382513

THE CITY OF NASHUA
DOWNTOWN PERFORMING ART CENTER
NASHUA, NEW HAMPSHIRE
ALTERNATES
EXHIBIT “D”

10/20/2020

The following is a list of add alternates presenily not included in Harvey Construction’s GMP:
{Alternates include labor, material, equipment and mark-ups unless noted otherwise).

NONE

THE CITY OF NASHUA
DOWNTOWN PERFORMING ART CENTER
NASHUA, NEW HAMPSHIRE
ASSUMPTIONS & CLARIFICATIONS
EXHIBIT “F”

16/20/2020

The following Is a list of assumptions and clarifications to Harvey Construction’s GMP:

*

The construction schedule and proposed end date Is based on the assumption of no delay(s)
due to the Cavid 19 pandemic. The Owner potential for delay(s) in manufacturing, fabrication
and delivery of necessary materials and/ or labor beyond the control of Harvey Construction
due to the Covid 19 pandemic that may affect the date of accupancy. The Parties agree that
they will cooperate In good faith to negotiate a reasonable time extension as well as a change
order to allocate between the parties any additional costs incurred by Harvey Canstruction
due to the said delays.

Construction Waste Management will consist of a single stream plan that will maximize
recycling and reuse.

Industrial Hygienist by Owner

THE CITY OF NASHUA
DOWNTOWN PERFORMING ART CENTER

NASHUA NEW HAMPSHIRE
LIST OF DOCUMENTS
EXHIBIT “G”
10/20/2020
REPORTS
SW Cole Geotech Report

RPF Hazardous Material Report — File No. 199123
PROJECT DRAWINGS & SPECIFICATIONS

General - As prepared by ICON Architects

« G-000 Cover Sheet

« G-001 Drawing Set

e G-002 Abbreviations & Graphic Symbols
Civil Set — As Prepared by Rist Frost Shumway Engineering, P.C.

« cC-001 Civil Notes, Legend & Abbreviations

« ¢-002 Existing Conditions & Demolition Plan

e C201 Site Layout & Materials Plan

« C-301 Site Grading & Drainage Plan

» C-401 Site Utilities Plan

« 501 Erosion Control Plan

« €-502 Erosian Control Notes & Details

« C-601 Civil Details

Life Safety - As prepared by Code Red Consultants

» LS-100 Code Sheet

* LS-104 Basement Life Safety Plan

« LS-102 First Floor / Orchestra Level Life Safety Plan
« LS-103 Second Floor Parterre Level Life Safety Plan
+ LS-104 Third Floor ‘Terrace Level Life Safety Plan

« LS-105 Fourth Floor Balcony Level Life Safety Plan

Architectural Demolition - As prepared by ICON Architects

e D-101 Demolition Basement Plan

* 2-102 Demolition First Floor Plan

« D-103 Demolition Second Flear Plan

« 2-104 Demolition Third Floor Plan

« D-105 Demolition Fourth Plan

« 1-106 Demolition Roof Plan

« D-107 Demolition Reflected Ceiling Plan
« D-108 Demolition Reflected Ceiling Plan
e 6-109 Demolition Reflected Ceiling Plan
* 6-110 Demolition Reflected Ceiling Plan
« D141 Demolition Reflected Ceiling Pian
» D201 Demolition Elevations

« D-202 Demolition Elevations

» 1-203 Demolition Elevations

e 0-301 Demolition Building Sections

DATE

5/29/2019
5/10/2019

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Board of Aldermen
February 23, 2016 Page 9

R-16-009
Endorsers: Alderman-at-Large Lori Wilshire
Alderman Benjamin M. Clemons
Alderwoman Mary Ann Melizzi-Golja
APPROVING THE COST ITEMS OF A COLLECTIVE BARGAINING AGREEMENT BETWEEN
THE NASHUA POLICE COMMISSION AND THE NASHUA POLICE SUPERVISORS ASSOCIATION
FROM JULY 1, 2015 THROUGH JUNE 30, 2019 AND RELATED TRANSFERS
Given its second reading;

MOTION BY ALDERMAN CLEMONS FOR FINAL PASSAGE OF R-16-009

ON THE QUESTION

Alderman Siegel

This is a contract | actually don’t like at all, | think it’s excessive. Unfortunately, it doesn’t matter and the
problem is that the 3% raise is “evergreen” so while we may not like it, the problem is if we vote against the
contract it doesn’t matter because that raise will be instituted anyway after it goes through arbitration or
whatever process. The net effect will have been to take the contract and not approve it and potentially put it up
for renegotiation in which case some of the givebacks can get back at us such as the named healthcare.
Unfortunately we will have to pay the back wages anyway plus the incurred cost of the litigation should there
be any. The major cost items of this contract are things that we literally have no control over so we can all do a
hero’s vote and say no but it won’t ultimately matter and in fact in our zeal to try to be more fiscally responsible,
as we should be, in this particular case it will actually end up costing us money. Separately, as you can
imagine, it would demoralize the leadership of the police department although absent that “evergreen” clause |
would be willing to take that chance for a better contract but it doesn’t really matter because here we are. The
rest of the cost items in here, for example, the holiday buy-back ends up being a net advantage strangely
enough for the city because we will be purchasing vacation days at a lower rate of pay than they would be later
on. On balance it really makes no sense not to vote against this if you have your fiscal hat on. It’s because of
the constraints that are placed on us because of the “evergreen” clause, absent that | think we could have a
very different discussion.

Alderman Clemons

Thank goodness for “evergreen” clauses. | think that’s one of the good things that the state did a few years
ago, unfortunately it got repealed but | guess this contract must fall under that. That being said | think this is a
good contract and | think that the supervisor’s do excellent work in this city and | think that in order to keep that
talent and get more talent you have to pay your employees well and recognize the work that they do. | think
that this contract does both and | am proud to support it.

Alderman Dowd

| think also there was a major concession on the insurance. This was the last union to make that concession
and it has a potential for a significant savings to the city.

Alderman Moriarty

| am going to disagree with Alderman Siegel. | agree that the contract is unaffordable but | disagree that our
vote will have no impact. How do we know, we don’t know that the clause could hold up in negotiation. We
don’t know which end of the mutually exclusive constraints are going to give and which one is going to take.
We've had times on this Board when we’ve wanted to abdicate our ability to...the Board of Aldermen can still
vote no, the contract can still be rejected resolving this mutually exclusive constraints that have been imposed
on us and we can let somebody else deal with that problem. We can still vote no if we would like. Why would |
encourage you to vote no and keep it simple for anybody who is not following the contorted legalities of various