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THE CITY OF NASHUA “the Cate City’

Administrative Services

Purchasing Department

February 13, 2020
Memo #20-084

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: ALDERMANIC CHAMBER UPGRADES (VALUE: $58,835)
DEPARTMENT: 129 CITY BUILDINGS; FUND: PEG

Please see the attached communication from Bruce Codagnone, CIO/IT Director dated

February 12, 2020 for information related to this purchase.

Pursuant to § 5-78 Major purchases (greater than $10,000) A. All supplies and contractual services,
except as otherwise provided herein, when the estimated cost thereof shall exceed $10,000 shall be

purchased by formal, written contract from the lowest responsible bidder, after due notice inviting bids.

The ClO/lt Director and the Purchasing Department recommend the award of this contract to Access AV
of Concord, NH in the amount of $58,835.

Respectfully,

lig

Dan Kooken
Purchasing Manager

Cc: K. Kleiner J. Graziano

THE CITY OF NASHUA

Lafermation Technology

"The Gate City”

February 12, 2020
TO: MAYOR Donchess
FINANCE COMMITTEE

SUBJECT: Aldermanic Chamber Technology upgrades

The Aldermanic Chamber is being completely remodeled. As a result, Information Technology will be upgrading all of the

technology used to broadcast the meetings and improve the means of doing presentations.

As you know the Chamber is critical to the City and this project is very time sensitive.

We received three proposals for the technology upgrade.

We would like to award the contract to Access AV af Concord NH. They are the lowest bidder of the three.

Red Thread ccs

650 Elm Street 132 Northeastern Blvd
Manchester, NH 03101 Nashua, NH 03062

{603} 496-3619 (978) 256-2001
www.red-thread.com nttps://ccsnewengland.com
$70,206.17 $74,023.48

ba

Bruce Codagnone
CiO / IT Director

Ce: K. Kleiner

D. Keeken

Access AV

8 Integra Drive
Conceard, NH 03301
(603} 224-2300
www.accessavah.com

558,835.00

229 Main Street * Nashua, New Hampshire 03060 » Phone (603) 589-3300 + Fax {603} 594-3434

ees

i

FIRST AMENDMENT TO AGREEMENT

This First Amendment to Agreement is entered into this day
of 2020 by and between CITY OF NASHUA, a municipality in the State of

New Hampshire (heretnafter referred to as "City"}. and DENNIS K. BURKE. ING.
(hereinafter referred to as “Contractor” } whose address is 585 Constitution Drive. Taunton,

MA 02780.

WHEREAS. City and Contractor entered inio an Agreement. dated June 11, 2019
(the "Agreement"), whereby the parties agreed te terms for BS Biodiesel fucl blend for
the period of July | 2019 to June 30, 2020 with a one year option to extend at the

same price: and
WHEREAS, both City and Contractor desire to exercise the one year option to
extend. NOW THEREFORE. the partiesagreeas follows:

‘4 Pursuant to the first paragraph of Section 2 — "Commencement and Term,” the
aption toextend is beingexercised and the term of the Agreement ts hereby
extended for one vear, Le. from July.1, 2020 through June 30, 2021.

2 Allother terms of the Agreement remain in full foree and effect.

&

IN WITNESS WEREOF. the parties have executed. or have caused their properly

ercement

o

authorized representatives to duly execute, this First Amendment to A

onthe date and year first above written.

CITY OF NASHUA DENNIS kK BURKE, INC

By Byt_

Mayor James W. Donchess PrintName:
Date: Title:

Date:

Agreement Between City of Nashua and Access AV

This agreement is made as of : (date)
BETWEEN City of Nashua NH, 229 Main Street, Nashua, NH 03060
And Access AV, 8 Integra Drive, Concord NH 03301

For the following Project: Aldermanic Chamber System Upgrades

The City of Nashua and Access AV agree as follows:
ARTICLE 1 —- THE CONTRACT DOCUMENTS

Access AV shall complete the work described in the Contract Documents for this project. The
documents consist of the following:

This Agreement signed by the City of Nashua and Access AV

Specifications provided in the bid documents if attached hereto

Addenda prepared after initial invitation, if attached hereto

Proposals and other written responses to the invitation submitted by Access AV, if
approved by the City and as attached hereto

Properly executed written change orders or orders for minor changes in the Work issued
after execution of this Agreement, if any

6. Fully executed City of Nashua Purchase Order

Bon >

on

ARTICLE 2 - DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION DATE

The date of commencement shall be the date of this Agreement unless otherwise indicated
below. Access AV shall substantially complete the Work not later than
subject to adjustment by Change Order.

ARTICLE 3 - CONTRACT SUM
Subject to additions and deductions by Change Order, the Contract Sum is:
$58,835.00 Fifty eight Thousand and eight hundred and thirty five dollars

The Contract Sum is a fixed-fee and shall include all items, labor and services necessary for the
proper execution and completion of the Work.

ARTICLE 4 — RETAINAGE

For each Application for Payment (invoice) submitted by Access AV the City will retain ten
percent (10%) of the value of that invoice, otherwise known as retainage. Retainage of 10% to
be paid to Access AV upon completion and final acceptance of the Work.

ARTICLE 5 —- INSURANCE

Access AV shail maintain for the duration of the contract all required coverage. Coverage shall
be written with an insurance carrier licensed to do business in the State of New Hampshire.

City of Nashua requires thirty (30) days written notice of cancellation or material change in
coverage. Access AV is responsible for filing updated Certificate(s) of Insurance with the City of
Nashua during the life of the Contract.

Access AV shall provide a Certificate of Insurance with evidence of the following coverage to
the City of Nashua ten (10) days prior to commencing work under the contract document.

1. Comprehensive General Liability - $1,000,000 per occurrence/ $2,000,000 Aggregate —
City of Nashua must be named as an additional insured.

2. Motor Vehicle Liability - $1,000,000 combined single limit. City of Nashua must be
named as an additional insured. Coverage must include all owned, non-owned and
hired vehicles

3. Workers’ Compensation as required by Statute/Employer’s Liability of
$100,000/$500,000/$100,000.

4. Professional Liability: $1,000,000

5. Any subcontractor’s used is the agent of Access AV and not the City of Nashua.
Subconiractors are subject to the same insurance requirements as Access AV.

Access AV shall indemnify and hold harmless the City of Nashua, NH and its agents and
employees from and against all claims, damages, losses and expenses — including attorney's
fees, arising out of Access AV’s or subcontractors performance under the contract.

ARTICLE 6 ~- GENERAL PROVISIONS

1. The Contract represents the entire and integrated agreement between the parties and
supersedes prior negotiations, representations or agreements, either written or oral. The
Contract may be amended or modified only by a written modification.

2. The term “Work” means the services required by the Contract Documents, and includes
all other labor, materials, equipment and services provided by Access AV to fulfill Access
AV's obligations hereunder.

3. The intent of the Contract Documents is to include all items necessary for the proper
execution and completion of the Work by Access AV. The Contract Documents are
complementary, and what is required by one shall be as binding as if required by all.

ARTICLE 7 — CITY OF NASHUA

1. If Access AV defaults or neglects to carry out the Work in accordance with Article 17 and
fails within a seven day period after receipt of written notice from the City of Nashua to
correct such defauit or neglect with diligence and promptness, the City of Nashua may,
in its sole discretion and without prejudice to other remedies, correct such deficiencies.
In such case, a Change Order shail be issued deducting the cost of correction from
payments due Access AV.

2. The City of Nashua reserves the right to perform operations related to the Work with the
City’s own forces, and to award separate contracts in connection with other portions of
the project.

3. Access AV shall coordinate and cooperate with separate Access AVs employed by the
City of Nashua.

4. Cosis caused by delays or by improperly timed activities shall be borne by the
responsible party.

Page 2 of 6

ARTICLE 8 — ACCESS AV

1.

10.

Execution of the Contract by Access AV is a representation that Access AV has visited
the site, become familiar with local conditions under which the Work is to be performed
and correlated personal observations with requirements of the Contract Documents.
Access AV shall carefully study and compare the Contract Documents with each other
and with information furnished by the City of Nashua.

Access AV shall supervise and direct the Work, using Access AV’s best skill and
attention. Access AV shall be solely responsible for and have control over methods,
techniques, sequences and procedures, and for coordinating all portions of the Work.
Access AV, as soon as practicable after award of the Contract, shail furnish in writing to
the City of Nashua the names of subcontractors or suppliers for each portion of the
Work. The City of Nashua will promptly reply tio Access AV in writing if, after due
investigation, the City of Nashua has reasonable objection to the subcontractors or
suppliers listed.

Access AV warrants to the City of Nashua that the work will conform to the requirements
of the Contract Documents.

Access AV shall pay sales, consumer, use and similar taxes that are legally required
when the Contract is executed.
Access AV shall comply with and give notices required by agencies having jurisdiction
over the work. Access AV shall promptly notify the City of Nashua in writing of any
known inconsistencies in the Contract Documents with such governmental laws, rules
and regulations.

To the fullest extent permitted by law, Access AV shall indemnify and hold harmless the
City of Nashua and his employees from and against claims, damages, losses and
expenses, including but not limited to attorneys’ fees, arising out of or resulting from
performance of the work, except if caused solely by negligent acts or omissions of the
City of Nashua.

Access AV shall perform the Work with the professional skill and care ordinarily provided
by responsible and qualified vendors in the same or similar locality under the same or
similar circumstances. Access AV shall perform its services as expeditiously as is
consistent with such professional skill and care and the orderly progress of the Work.
Access AV represents and warrants that it has the right to use any software and
equipment necessary for it to perform the Work and that City’s use of any software and
equipment as described and contemplated by this Agreement will not infringe upon any
copyright, patent, trademark, or other intellectual property right worldwide or violate any
third party’s trade secret, contract, or confidentiality rights worldwide.

ARTICLE $ — CHANGES IN THE WORK

1.

After execution of the Contract, changes in the Work shall be accomplished by Change
Order or by written order pursuant to Article 9.4 below. The City of Nashua, without
invalidating the Contract, may order changes in the Work within the general scope of the
Contract consisting of additions, deletions or other revisions, the Contract Sum and
Contract Time being adjusted accordingly such changes shall be either by a written
Change Order as described herein or by a written order pursuant to Article 9.4.

A Change Order shall be a written order to Access AV signed by the City of Nashua to
change the Work, Contract Sum or Contract Time.

All change orders must be approved by City of Nashua Finance Committee vote prior to
proceeding.

The City of Nashua will have authority at its sole discretion to order minor changes in the
work not involving changes in the Contract Sum or the Contract Time and not
inconsistent with the intent of the Contract Documents. Such changes shall be written
orders and shall be binding on the City of Nashua and Access AV upon issuance by the
City of Nashua. Access AV shall carry out such written orders promptly.

Page 3 of 6

ARTICLE 10 — TIME

1.
2.

Time limits stated in the Contract Documents are of the essence of the Contract.

if Access AV is delayed at any time in progress of the work by changes ordered in the
work, the Contract Time shall be extended by Change Order for such reasonable time as
may be determined.

ARTICLE 11 - PAYMENTS AND COMPLETION

1.

The Contract Sum stated in the Agreement, including authorized adjustments by Change
Order, is the total amount payable by the City of Nashua to Access AV for timely and
satisfactory performance of the Work under the Contract Documents.

After Access AV has submitted an Application for Payment (invoice), the City of Nashua
shail make payment in the manner provided in the Contract Documents{it].

Access AV shall promptly pay each subcontractor out of the amount paid to Access AV
on account of such entities’ portion of the Work.

The City of Nashua shall have no responsibility for the payment of money to a
subcontractor.

Substantial completion is the stage in the progress of the Work when the Work or
designated portion thereof is sufficiently complete in accordance with the Contract
Documents so the City of Nashua can occupy or utilize the work for its intended use.
When all work or designated portion thereof is substantially complete, Access AV and
City of Nashua shall establish responsibilities for completion and shall fix the time within
which Access AV shall finish all items on the list. Warranties required by the Contract
Documents shall commence on the date of Substantial Completion of the Work or
designated portion thereof unless otherwise provided under contract.

Upon receipt of a final invoice, the City of Nashua will inspect the work. When it is
determined that the work is acceptable and the Contract fully performed, the City of
Nashua will prompily issue a final payment request including any retainage to City
Finance.

Acceptance of final payment by Access AV or subcontractor shall constitute a waiver of
claims by that payee except those previously made in writing and identified by that
payee as unsettled at the time of final invoice.

ARTICLE 12 - PROTECTION OF PERSONS AND PROPERTY

1.

Access AV shall be responsible for initiating, maintaining and supervising all safety
precautions and programs, including all those required by law in connection with
performance of the Contract. Access AV shall promptly remedy damage and loss to
property caused in whole or in part by Access AV, or by anyone for whose acts Access
AV may be liable.

ARTICLE 13 - CORRECTION OF WORK

1.

Access AV shail promptly correct work rejected by the City of Nashua as failing to
conform to the requirements of the Contract Documents. Access AV shall bear the cost
of correcting such rejected work.

lf Access AV fails to correct nonconforming work within a reasonable time, the City of
Nashua may correct it and Access AV shall reimburse the City of Nashua for the cost of
the correction.

Page 4 of 6

ARTICLE 14 — PROHIBITED INTERESTS

1,

2,

Access AV shall not allow any officer or employee of the City to have any indirect or
direct interest in this contract or the proceeds of this contract.

Access AV warrants that no officer or employee of the City has any direct or indirect
interest, whether contractual, non- contractual, financial or otherwise, in this contract or
in the business of Access AV.

Access AV also warrants that it presently has no interest and thai 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. Access AV
further warrants that no person having such an interest shail be employed in the
performance of this contract. If any such interest comes to the attention of Access AV ai
any time, a full and complete disclosure of the interest shall be immediately made in
writing to the City. ;

If City determines that a conflict exists and was not disclosed to the City, it may
terminate the contract at will or for cause.

ARTICLE 15 — MISCELLANEOUS PROVISIONS

1.

2.

Neither party io the Contract shall assign the Contract as a whole without written
consent of the other.

The Contract shall be governed by the law of the State of New Hampshire. Any dispute
arising from the Contract shall be settled in a court within the jurisdiction of the State of
New Hampshire.

ARTICLE 16 —- TERMINATION OF THE CONTRACT

1.

if the City of Nashua fails to make payment when due or substantially breaches any

other obligation of this Contract, following fifteen days’ written notice to the City of

Nashua, Access AV may terminate the Contract and recover from the City of Nashua

payment for work executed.

The City of Nashua may terminate the contract if Access AV:

a) persistently or repeatedly refuses or fails to supply enough properly skilled workers;

b) fails to make payment to subcontractors for labor in accordance with the respective
agreements between Access AV and subcontractors;

c) persistently disregards laws, ordinances, or rules, regulations or orders of a public
authority having jurisdiction; or

d) is otherwise guilty of substantial breach of a provision of the Contract Documents.

When any of the above reasons exist, the City of Nashua may without prejudice to any

other rights or remedies of the City of Nashua and after giving Access AV and Access

‘AV's surety, if any, seven days’ written notice, terminate employment of Access AV and

may:

a) Finish the Work by whatever reasonable method the City of Nashua may deem
expedient.

When the City of Nashua terminates the Contract for one of the reasons stated in 16.2

above, Access AV shall not be entitled to receive further payment.

if the costs of finishing the Work exceed the unpaid balance of the Contract Sum,

Access AV shall pay the difference to the City of Nashua within 30 days of written notice

of the amount due to the City of Nashua. This obligation for payment shall survive

termination of the Contract.

ARTICLE 17 — SCOPE OF SERVICES

Page 5 of 6

The scope of the project will be as follows:

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Remove existing projector and screen - customer to dispose of

Install 2 new 75” TV's on beams according to specification

install 2 new 75" TV's on east and west walls according to specification

Remove all microphones in chamber and replace with new wired microphones

install new digital wireless mics and incorporate them into the system.

Install new audio mixers in control area for digital signals. Install and configure

Tie audio to existing speakers in room. Use existing audio amplifier for room audio.

Tie audio to existing TV broadcast system and playback system

Install Denon Audio recorder. Program to start recording when audio system is engaged.
Stop when meeting is done or audio system is turned off. This will happen automatically.
No need for user intervention.

Install Extron control system to turn TV's on and off. Start audio for meetings. Stop audio
when necessary

Switch sources and HDMI input locations. Conirol volume if desired. Mute presentation
screens

Display where presentation goes (if desired}. Control over all meeting presentation and
sound

Install assisted listening system. Feed audio from main system to assisted listening.
Test.

Install HDMI input jacks at 4 locations determined by the specification. Connect back to
the greater

Extron System. Install confidence monitor at clerk’s desk. Install CAT6 connection at
clerks desk

install D-SAN wireless timer system at customer specified location. Set clock control at
clerks desk

Install countdown timer at location visible to those who need it. Install additional
countdown clock at public speaking lectern.

Label all wires.

Consult with City of Nashua IT department for final programming changes, tweaks,
enhancements

Provide wiring diagram after all programming is complete and job is signed off on.
Provide initial training at completion of work. Provide follow-up training at a time after
installation

Provide 2 additional program modifications (include with this quote) for changes,
additions, etc.

1 year Warranty on installation and programming - 1 year parts and labor warranty on
most products on this quote

Provide an analog source to existing analog broadcast equipment and provide a digital
source for next generation equipment.

Please note that all cables are required to be run within walls as no wall mounted molding is

permitted.
City of Nashua (signature) ACCESS AV (signature)
By:_Jim Donchess, Mayor By:
(Printed Name and Title) (Printed Name and Title)
(Date) (Date)

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