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Graham, Donna

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From: Jennifer Mcgregor <jenmcshea@aal.com>
Sent: Saturday, January 02, 2021 8:13 PM
To: Board of Aldermen
Subject: Performing Arts Center Architecture

CAUTION: This email came from outside of the organization. Do not click lmks/open attachments if source is
unknown.

Dear Board of Aldermen,
l am glad that Nashua will build a Performing Arts Center in the heart of downtown. Good job!

However, | am dismayed by the architect's plan. It seems to me that "Modern" design becomes dated and sad within a
decade. Think of Scollay Square in Boston, the Brutalist City Hall, which is one of the biggest eyesores in

Boston. Compare that to the Lowell Auditorium, Cary Memorial Hall in Lexington, the Plymouth (MA) Memorial Hall and
the Colonial Theatre in Laconia. These are timeless, beautiful, uplifting buildings that will be beautiful and elegant 100
years from now. Also, consider the architecture on Main Street, which boasts some lovely classical buildings. Please
reconsider the bland, flat design that you have chosen and make something lasting and beautiful.

Thank you for your consideration,
Jennifer McGregor

8 Hydrangea Road
Nashua NH

THE CITY OF NASHUA “The Gate Cy"

Administrative Services Division

Date: January 5, 2021
To: Mayor Jim Donchess
Board of Aldermen
From: Kimberly Kleiner, Administrative Services Director
Subject: Public Information and Transparency

Attached is a chart of the Assessing Tools and Information found on several New Hampshire
municipal websites. As you can see, the Nashua Assessing department is more transparent than
other cities and towns in Southern New Hampshire.

Assessing Tools and Information Available to the Public Online

Muni
Tools Nashua | Manchester | Concerd | Hudson | Salem Keene | Milford | Amherst | Sedford | Merrimack | Hampton | Hooksett

x x x x x x x x x

Dashboard
Code
Data Disc
Infa
Use
Deadlines
Credit
Forms
GIS Viewer
Newsletter
Property Data (WebPro
Record Cards
Sale Search Tool
Tax Lack
tial Tax Payer Resources
Revaluation Status Re

‘ax Rate

mM] x | | HK] KE PE | oe pet fe foe ] oe | me | wx Pe fe |

Excavation Tax

Jim Donchess
Mayor » City of Nashua

To: Board of Aldermen

From: Mayor Jim Donchess

Date: December 29, 2020

Re: Multi-Year Contract Award — Lead Paint Risk Assessment and Inspection Services

Pursuant to NRO: § 5-74/B: A contract that extends from the current fiscal year into succeeding
fiscal year(s} in which no funds have been appropriated nor otherwise designated for this purpose
shall be approved by the full Board of Aldermen before the contract shall become binding on the
City. ; i

The Finance Committee has approved and placed on file the notification of the award of the
referenced contract at the January 6, 2021 meeting and as such | am requesting the full Board of
Alderman approve the following contract:, vas

item: : . a - Lead Paint Risk Assessment and ‘Inspections Services o

Vatue: a uo $336,000 (not io exceed)

Vendor: ot Alchemy Lead Management

Purchasing Memo#: 21-067 dated December 28, 2020 |

Contract Term: 42 months: oS
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

Community Development 589-3095

City of Nashua pemmmgaraenngSeeaee
Community Development Division Urban Programs ceosoee
City Hall, 229 Main Street, PO Box 2019 cee ee een apes
Nashua, New Hampshire 03061-2019 FAX 589-3398

wwe, gonashua.com

To: Kelly Parkinson, Purchasing Manager

cc: Sarah Marchant, CD Director
Janet Graziano, Financial Manager

From: Carrie Schena, UPD Manager
Date: December 29, 2020

Re: Lead Paint Risk Assessment/Inspectional Services (Value: $336,000)
ACTIVITY: 1092,20.10.50 (confirm) ACCOUNT CATEGORY: 54225
LEAD HAZARD CONTROL GRANT: INSPECTION SERVICES

The City was recently awarded a new $5.7M leac-paint and healthy homes grant from HUD’s Office of Lead
Hazard Control & Healthy Homes to address lead hazards in housing occupied by low-income households.
All lead hazards must be identified by a NH licensed Risk Assessor/Lead Paint Inspector per state and
federal requirements. A RFP was issued to solicit qualified proposals io provide this service. The total # of
housing units to be inspecied, per our grant agreement with HUD, is approximately 210 over the 42-month
grant period.

The Urban Programs Department evaluated the two proposals received according to the criteria within the
RFP. The Risk Assessor recommended herein successfully completed two similar contracts for the City and
has demonstrated capacity to handle the volume of work. We base this recommendation on the combination
of experience, capacity, quality of work, and cost of services. Further this company qualifies as a Woman
Owned Business (VW/BE).

The Urban Programs Department and this Office recommend awarding the contract in a sum not-to-exceed
(NTE) $336,000 to Alchemy Lead Management. The source of funding will be the Lead Based Paini
Hazard Control Grant, which has a line item budgeted for risk assessmeniiead paint inspection services.

A CONTRACT BETWEEN THE CITY OF NASHUA
AND

ALCHEMY LEAD MANAGEMENT
NAME AND TITLE OF INDEPENDENT CONTRACTOR

189 KELLEY STREET, MANCHESTER, NH 03102
ADDRESS OF INDEPENDENT CONTRACTOR

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

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

WHEREAS, Contractor 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

The Contract represents ihe 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.

2. WorK TO Be PERFORMED. Except as otherwise provided in this contract, Contractor shall furnish all
services, equipment, and materiais 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 in
Exhibit B.

3. PERIOD OF PERFORMANCE. Contractor shall perform and complete all work within the time periods set
forth in Exhibit B. The time periods set forth in Exhibit B 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. Contractor shall begin performance upon receipt of a Notice to Proceed and a valid
purchase order from the City.

4, COMPENSATION. Contractor agrees to perform the work for a total cost not to exceed $336,000, which,
unless otherwise provided in this contract, shall be paid in accordance with the provisions of Exhibit B.
Requests for payment must include a detailed summary of the expenditures reported in a form that
supports the approved budget. Specifically, contractor agrees to provide the following with each
request for payment:

1. Appropriate invoice forms. The forms shall include the project purchase order number, a isting of
personne! hours and billing rates, and other expenditures for which payment is sought.

2. <A progress report. The report shall include a descripiion 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 ta date under the
contract, and a comparison of cumulative total expenditures billed and paid to the approved
budget.

The City will pay for work satisfactorily completed by Contractor, The City will pay Contractor within 30
days o7 approval by the City of the submitted invoice forms and progress reports. The City will make no
payments until the invoice forms and progress reports have been submitted and approved. The parties
expressly agree that progress payments shail not exceed the amounts for any particular task or phase of
work set forth in Exhibit B and may be made in accordance with General Condition paragraph 14.

5. EFFECTIVE DATE OF CONTRACT. This contract shall not become effective until and unless approved by
the City of Nashua.

6. Novices. 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 REPRESENTATIVE:

Carrie Schena, Urban Programs Manager

City of Nashua, Community Development Division
229 Main Street

Nashua, NH 03060

CONTRACTOR REPRESENTATIVE:
Debbie-Ann Valente

Alchemy Lead Management

189 Kelley Street

Manchester, NH 03102

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 afier being deposited in
the mail. The City or Contractor may change the address or representative by giving written notice to
the other party.

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

independent Contractor {date}

Mayor, City of Nashua {date}

Finance Committee — 01/19/2022 Page 3

you could share at the meeting and so on. Unless | think it’s something controversy, | agree because they come here,
and they come to every meeting, and then they come to the Board of Aldermen, and every night our staff are at our
meetings. | agree with you unless others have a severe objection to it.

Alderman Jette

So when | first think about this, it sounds like a good idea. | happened to be watching some other cities councils and
Board of Aldermen and | noticed that some of them — | think it was Manchester. I’m not positive about that but a lot of
these items they have what’s a called a “consent agenda”. So all the items are listed like they are for us. We get
advanced notice of all of these things and in Manchester the Mayor presides over the Board of Aldermen. She says
something to the effect of okay you’ve all seen the consent agenda. Is there any objection to it? If there’s no objection,
they just pass it. They pass all the items at once. If there is an objection, then they take whatever item is objected to,
they take that out and they pass the rest of them and then the one that’s objected to, they treat individually and hear
discussion about it, explanations, or whatever. | thought from the point of view of economy, and efficiency, and time
management, it seems like a good way of doing things.

On the other hand even before | became an Alderman when | would watch meetings, | would be disappointed when things
were dealt with with such haste. | thought to myself gee | have no idea what that was about. What happened there? So
we as Aldermen of course we get to know these things. We become intimate with them, with the details, and of course it
goes before a committee. There’s a committee discussion but if the public just tunes into the one meeting, they're really
not aware. I’m kind of conflicted as to how important is it to inform the public about what we’re doing or is it up to the
public to research it themselves. I’m not sure where | come down on that.

The other thought | had is that most of us on this Committee are new, except for Alderman Klee. We’re kind of feeling our
way through this right now and | don’t know if you’re prepared to do this tonight but it would be good for us to get a little bit
of a primer on what is the Finance Committee, what are our responsibilities, how closely are we supposed to look at these
things? Like the Record of Expenditures for example. It’s a long list of items and we’re brand new to the Committee. We
just got that last week. I’m wondering if it might not be a good idea to give us a couple of meetings to get our feet wet and
get an understanding of what our responsibilities are and revisit this issue after that.

Mayor Donchess

Yes, that’s fine. I’m not trying to cut out discussion. I’m just trying to reach a happy medium between the previous
approach where staff never came, you never met them, and the staff is here on every item. Sometimes these agendas
are fairly long. Maybe we should follow Alderman Jette’s suggestion and go through a couple of meetings so you can get
a sense of what’s going on.

Alderman Klee

Thank you Mr. Mayor. Alderman Jette can | ask, that wasn’t at a Finance Committee was it that they did a consensus?
Alderman Jette

It was the full board.

Alderman Klee

The full board, yes. In the State House if something passes a committee no less than one dissenting — well actually two
dissenting, it can go onto what we call the “committee of conference” or just, I’m sorry, the consent calendar and then we
just do one vote. That’s because we have thousands. | would not want to do that because this is where all the work
should be done. | would never want to see it happen here. I’m not even sure I'd want to see it happen on a Board of
Aldermen simply because | think that we’re only 5 or 6 versus 15. | think especially with the new Board. | agree that
maybe at the beginning we should bring the staff on but | think just like the 7 or 6:30 type thing, maybe revisit it in a six

month period or something when people feel a little bit more comfortable.

Mayor Donchess

Now in terms of what is the Finance Committee. So most cites don’t have Finance Committees. These are all budgeted
items. So there’s money behind all of this, right. So all the department is doing is spending money according to the
budget. So in most cities, the departments have the right to just proceed given that they’ve already been appropriated the
money to do these things. In the Nashua City Charter, there is a requirement that the Finance Committee — and this is a

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EXHIBIT A
TABLE OF CONTENTS
GENERAL CONDITIONS

DEFINITIONS

INDEPENDENT CONTRACTOR STATUS AND PROVISION OF WORKERS’
COMPENSATION COVERAGE

STANDARD OF CaRE

CITY REPRESENTATIVE
CHANGES TO SCOPE oF WoRK
CITY 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

FEDERAL SUBCONTRACTING REQUIREMENTS
CONTRACTOR 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

HUD ADMINISTRATIVE REQUIREMENTS

GC--2

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

GC--3
GC--4
GC--5
GC-~5
GC--5
GC--6
6C-6
GC-6
GC--6
GC-7
GC-8
SC--8
GC-8
GC--8
GC--8
GC--9
GC--9
GC--9
GC--10
GC--10
GC--10
GC--10
GC--10
GC--10
GC--11
GC—11
GC--71

Page 3 of 17

GENERAL CONDITIONS

DeEFINITIONS. Unless otherwise required by the context, “Contractor” includes any of the Contractor’s
consultants, subconsultants, contractors, and subconiractors

INDEPENDENT CONTRACTORS STATUS AND PROVISION OF WORKERS’ COMPENSATION COVERAGE. The
parties agree that Contractor shall have the status of and shalt perform all work under this contract as
an independent contractor, maintaining control over all its consultants, subconsultants, contractors, or
subcontractors. The only contractual relationship created by this contract is between the City and
Contractor, and nothing in this contract shalt create any contractual relationship between the City and
Contractor's consuitants, subconsultanis, contractors, or subcontractors. The parties alse agree that
Contractor is not a City employee and that there shall be no:

(1} Withholding of income taxes by the City:

(2) Industrial insurance coverage provided by the City;

(3) Participation in group insurance plans which may be available to employees of the City;

(4) Participation or contributions by either ithe independent contractor or the City to the public
employee’s retirement system:

(5} Accumulation of vacation leave or sick leave provided by the City;

(6} Unemployment compensation coverage provided by the City.

Contractor agrees, if not exempi, to maintain required workers’ compensation coverage throughout
the entire term of the contract. lf Contractor does not maintain coverage throughout the entire term of
the contract, Contractor agrees that City may, at any time the coverage is not maintained by
Contractor, order the Contractor to stop work, suspend the contract, or terminate the contract. For
each six-month period this contract is in effect, Contractor agrees, prior to the expiration of the six-
month period, to provide another written request to its insurer for the provision of a certificate and
notice of lapse in or nonpayment of coverage. If Contractor does not make the request or does not
provide the certificate before the expiration of the six-month period, Contractor agrees that City may
order the Contractor to stop work, suspend the contract, or terminate the contract.

STANDARD OF Care. Contractor shall be responsible for the professional quality, technical accuracy,
timely completion, and coordination of all work performed under this contract. Contractor 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 Contractor to assure at its own expense that all
work is iechnically 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 may have, Coniractor 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 Contractor's failure to perform in accordance with this standard of care.
Any approval by ihe City of any products or services furnished or used by Contractor shall not in any
way relieve Contractor of the responsibility for professional and technical accuracy and adequacy of
its work. City review, approval, or acceptance of, or payment for any of Contractor's work under this
contract shall net operate as a waiver of any of the City's rights or causes of action under this
contract, and Contractor shall be and remain liable in accordance with the terms of the contract and
applicable law.

Contractor shall furnish competent and skilled personnel to perform the work under this contract, The
City reserves the right to approve key personnel assigned by Contractor to perform work under this
contraci. Approved key personnel shall not be taken off of the project by Contractor without the prior
written approval of the City, except in the event of termination of employment. Contractor shall, if
requested to do so by the City, remove from the job any personnel whom the City determines to be
incompetent, dishonest, or uncooperative.

Page 4 of 17