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City of Nashua

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

April 13, 2022
Memo #22-257

TO: Mayor Donchess
Finance Committee

SUBJECT: Library Facility Assessment in the amount not to exceed $88,830 funded from 53999

Other Professional Services/Bloomfield Trust

Please see attached communications from Jennifer McCormack, Director of Nashua Public Library, dated
June 14, 2021 for project specific details related to this purchase. Below please find a summary of the

purchase approval request:

Item: Library facility assessment and draft master building project repair plan
Value: 588,830
Vendor: designLAB

Department: 179 Library

Source Fund: 53999 Other Professional Services/ Bloomfield Trust

Ordinance: Pursuant to § 5-78 Major purchases (greater than $25,000) A. All supplies and
contractual services, except as otherwise provided herein, when the estimated
cost thereof shall exceed $25,000 shall be purchased by formal, written contract
from the lowest responsible bidder, after due notice inviting bids.

A competitive bidding RFP for this project was issued on 9/3/2021 and the following bids were received:

Vendor Location Amount Note

Cx Associates LLC Burlington, VT $57,375 | Focus was primarily on energy consumption
saving but did not address the other needs
detailed in the scope of work

Dennis Mires, The Architects | Manchester, NH $85,650

designLAB Architects Boston, MA $82,730

Lerner Ladds & Bartels Pawtucket, Rl $76,157

Marvel Architects New York, NY $117,380

Roth IAMS LLC St. Petersburg, FL | $7,250 Proposal did not cover the needs detailed in

the RFP scope of work

We recommend this project be awarded to the vendor who best met the RFP specified requirements. The
Nashua Public Library, and the Purchasing Department respectfully request your approval of this contract.

Regards,

Kelly Parkinson
Purchasing Manager

Cc: J McCormack
J Graziano

| = Public

June 14, 2021

To: John Griffin, CFO
From: Jennifer McCormack, Director
RE: Facility Assessment for the Nashua Public Library RFP 0357-100421

Mr. Griffin:

After 50 years of heavy use the library building, grounds, and mechanical systems are in poor
condition and in need of major repairs or replacement. The Board of Trustees is working to
address this deterioration by engaging a firm to do a thorough facility assessment and draft a
master plan for the building. This assessment will help us and the city prioritize needed repairs
and improvements, identify costs (and potential cost savings) for those projects, and establish a

maintenance and capital improvement plan for the future.

An invitation for bids (RFP 0357-100421) was sent to 6 vendors and posted on the city’s website
on September 3, 2021. Bids were received from 5 companies, an evaluation of the bids
received is attached to this memo. Based on our evaluation of the proposals on Dec. 15, 2021
the Board of Trustees voted to recommend that the contract for the facility assessment be

awarded to designLAB architects in the amount of $88,830.

This purchase will be paid for from the Bloomfield trust account TF79.7546 53999, and with
city funds allocated to this project in R-22-014. Delivery of the final report is expected by
August 30, 2021.

Sincerely,
Jennifer McCormack, Library Director

2 Court Street | Nashua, NH 03060 | 603.589.4600 | www.nashualibrary.org

Bidder

Roth AMS

LS Architects

Dennis Mires

Bid evaluation. facilities astessment

Location Subcontractors Ksted Sitar projects for firm/statt
‘$3 Petersburg FLA
and Canada None
Burlington VT,
Portland ME None, will use in-house staff South Burlington library energy jt
Vermont Dept. of buildings energy audit
Pawtucket, Al AMM Fogarty Cost estimating Boston Public Health Commission
Nitseh Engineering Littleton Town Halll, Littleton MA
Raome and Guarracino Engineering Marion Town Administeation Building
Building Engineering Resources Extensive list of library projects, mostly feasibility stuches
Universal Environmental consultants
A h J NH Le M : Building lop Nashus Community College Wellness center design
Fitameyer and Tecei: HVAC Littleton Opera house assessment
Lumen Studios: kghting Amberst, NH police station assessment
Greater Nashua YMCA design
Bishop Guertin building envelope anabytis
Basten, MA €3 (code assessment} GPL McKim building master plan
RFS engi ng (mech J and electrics is Goldtarb library assessment

NY, NY and San Juan,

Puerto Rice

Building enclosure associates (envelope) Homer Sabbidge Library (Uconni ; master plan, plaza study

Harvey construction (costing) coptional

Phalips Exeter Academy library master plan

Harvey © don {esti a}

Fitzmeyer and Tesei (mect
RWDI {building envelope)

Available unrestricted Trust funds as of 8/31: $ 127,000

Brookhwn Pubke Uibrary

) Snug harbor cultural center and Botanical Gardens

YMCA Northeast Bronx

Notes on process/experimce

This Seong be the project, ther
Proposal includes gathering data to hold in an asset management system
more bike database entries than a comprehensive master plan

Firm ializes in energy and effici
Promises @ 30% savings in energy consumption
Scope focuies on energy efficé Bs building f lighting and HVAC for efficiency

Goes not mention finishes, flooring, lighting design and bathroom fixtures, ADA compliance, etc.

¥, focus on energy audits

Extensive experience with libraries, th igh plan including ings with s before begins
Scope mentions all areas of concern although it refers to details from a different project in another community

Thorough assessment covers all of the elements mentioned in the RFP as well as
as lighting recommendations and an ADA review. Mentions potential for solar PB,
plumbing upgrades and solutions for ait handlers other than full replacement,
Costing would be bated on recent projects and knowledge of the market

Proposal cost Optional services.
$7,250 none listed
$26,750 $3,875
blower door testing
$76,157 none listed
$85,650 none listed
$95,730 Cost estimating: 9500
{includes Telecom/Security: 3600
e@ptionall Structural engineer: 3600
Total optional: $13,000
$117,380 none listed

“noe clear that these are assessments based on contract prices

Great exp e with assessing library buildings and master plans for same.
Thorough plan outline: kickoff, intetwews, review of docs, bi-weekly status meetings
Offers Harvey Construction as optional for costing estimates: | would recommend we add that if we chose this vendor.

Thorough plan outline, includes grounds and recammended maintenance, lighting review as well aa
all hi. I systems, and systems. Costing provided by Harvey

CONTRACT FOR PROFESSIONAL SERVICES

TITLE

A CONTRACT BETWEEN

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

designLAB architects

35 Channel Center St. , Suite 103 Boston, MA 02210

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

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

WHEREAS, designLAB 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 written change order or the fully executed City of Nashua Purchase Order shall
control over the terms of the Proposal.

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2. WORK TO BE PERFORMED Except as otherwise provided in this contract, designLAB 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.

DESCRIPTIONOF WORK; Complete a full assessement of the Nashua Public Library
building, grounds and systems as outlined in the scope of work in RFP0357-100421

. PERIOD OF PERFORMANCE. designLAB shall perform and complete all work by September
30,2022 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. designLAB shall begin
performance upon receipt of an Executed Contract and a valid Purchase Order issued from the City of
Nashua.

4. COMPENSATION. DesignLAB agrees to perform the work for a total cost not to exceed
Eighty eight thousand, eight hundred and thirty dollars. ($88,830 )

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

Unless DesignLAB has received a written exemption from the City of Nashua, DesignLAB 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 DesignLAB’s right to payment as the City of Nashua may reasonably require.
DesignLAB 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

Please do not submit invoices both electronically and paper copy.

AG 2 of 4

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, DesignLAB 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 personne! 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 DesignLAB. The City of Nashua
will pay DesignLAB 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: DESIGNLAB REPRESENTATIVE:

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 DesignLAB may change the address or representative by giving
written notice to the other party.

AG 3 of 4

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

“City of Nashua, NH (signature) (signature)
——__ James W. Donchess, Mayor

(Printed Name and Title) (Printed Name and Title)
Date Date

AG 4of4

GS ge eS be

EXHIBIT A
TABLE OF CONTENTS
GENERAL CONDITIONS

DEFINITIONS

DESIGNLAB STATUS

STANDARD OF CARE

CITY OF NASHUA REPRESENTATIVE
CHANGES TO SCOPE OF WORK
CITY OF NASHUA 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

ENDORSEMENT

ASSIGNMENTS, TRANSFER, DELEGATION,OR SUBCONTRACTING

CITY INSPECTION OF CONTRACT MATERIALS
DISPOSITION OF CONTRACT MATERIALS
PUBLIC RECORDS Law, COPYRIGHTS, ANDPATENTS
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

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I.

General Terms and Conditions

DEFINITIONS Unless otherwise required by the context, “"DesignLAB”, and its successors,
transferees and assignees (together “DesignLAB”) includes any of the DesignLAB's
consultants, sub consultants, contractors, and subcontractors

DESIGNLAB STATUS The parties agree that DesignLAB shall have the status of and shall
perform all work under this contract as a DesignLAB, maintaining control over all its
consultants, sub consultants, contractors, or subcontractors. The only contractual
relationship created by this contract is between the City of Nashua and DesignLAB, and
nothing in this contract shall create any contractual relationship between the City of Nashua
and DesignLAB's consultants, sub consultants, contractors, or subcontractors. The parties
also agree that DesignLAB is not a City of Nashua employee and that there shall be no:

(1) Withholding of income taxes by the City of Nashua:

(2) Industrial insurance coverage provided by the City of Nashua;

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

(4) Participation or contributions by either the DesignLAB or the City of
Nashua to the public employee’s retirement system;

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

(6) Unemployment compensation coverage provided by the City of Nashua.

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

DesignLAB shali furnish competent and skilled personnel to perform the work under
this contract. The City of Nashua reserves the right to approve key personnel

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assigned by DesignLAB to perform work under this contract. Approved key personnel shall
not be taken off of the project by DesignLAB without the prior written approval of the City
of Nashua, except in the event of termination of employment. DesignLAB shall, if
requested to do so by the City of Nashua, remove from the job any personnel whom the
City of Nashua determines to be incompetent, dishonest, or uncooperative.

. CITY OF NASHUA REPRESENTATIVE The City of Nashua may designate a City of Nashua
representative for this contract. If designated, all notices, project materials, requests by
DesignLAB, and any other communication about the contract shall be addressed or be
delivered to the City of Nashua Representative.

. CHANGES TO SCOPE OF WORK The City of Nashua may, at any time, by written order,
make changes to the general scope, character, or cost of this contract and in the services or
work to be performed, either increasing or decreasing the scope, character, or cost of
DesignLAB's performance under the contract. DesignLAB shall provide to the City of
Nashua within 10 calendar days, a written proposal for accomplishing the change. The
proposal for a change shall provide enough detail, including personnel hours for each sub-
task and cost breakdowns of tasks, for the City of Nashua to be able to adequately analyze
the proposal. The City of Nashua will then determine in writing if DesignLAB should
proceed with any or all of the proposed change. If the change causes an increase or a
decrease in DesignLAB's cost or time required for performance of the contract as a whole,
an equitable adjustment shall be made and the contract accordingly modified in writing.
Any claim of DesignLAB for adjustment under this clause shall be asserted in writing
within 30 days of the date the City of Nashua notified DesignLAB of the change.

When DesignLAB seeks changes, DesignLAB shall, before any work commences,
estimate their effect on the cost of the contract and on its schedule and notify the City of
Nashua in writing of the estimate. The proposal for a change shall provide enough detail,
including personnel hours for each sub-task and cost breakdowns of tasks, for the City of
Nashua to be able to adequately analyze the proposal. The City of Nashua will then
determine in writing if DesignLAB should proceed with any or all of the proposed change.

Except as provided in this paragraph, DesignLAB shall implement no change unless the
City of Nashua in writing approves the change. Unless otherwise agreed to in writing, the
provisions of this contract shall apply to all changes. The City of Nashua may provide
verbal approval of a change when the City of Nashua, in its sole discretion, determines that
time is critical or public health and safety are of concern. Any verbal approval shall be
confirmed in writing as soon as practicable. Any change undertaken without prior City of
Nashua approval shall not be compensated and is, at the City of Nashua’s election,
sufficient reason for contract termination.

. CITY OF NASHUA COOPERATION The City of Nashua agrees that its personnel will
cooperate with DesignLAB in the performance of its work under this contract and that such
personnel will be available to DesignLAB for consultation at reasonable times and after
being given sufficient advance notice that will prevent conflict with their other
responsibilities. The City of Nashua also agrees to provide Professional

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