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Finance Committee - Agenda - 5/5/2021 - P32

By dnadmin on Mon, 11/07/2022 - 13:42
Document Date
Fri, 04/30/2021 - 10:18
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/05/2021 - 00:00
Page Number
32
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__050520…

1. The Contractor and the Surety, jointly and severally,
bind themselves, their heirs, executors, administrators,
successors, and assigns to the Owner for the performance
of the Construction Contract, which is incorporated herein
by reference.

2. If the Contractor performs the Construction Contract,
the Surety and the Contractor shall have no obligation
under this Bond, except to participate in conferences as
provided in Subparagraph 3.1.

3. If there is no Owner Default, the Surety’s obligation
under this Bond shall arise after:

3.1 The Owner has notified the Contractor and the
Surely at its address described in Paragraph 10 below
that the Owner is considering declaring a Contractor
Default and has requested and attempted to arrange a
conference with the Contractor and the Surety to be
held not later than fifteen days after receipt of such
notice to discuss methods of performing the Construc-
tion Contract. If the Owner, the Contractor and the
Surety agree, the Contractor shall be allowed a reason-
able time to perform the Construction Contract, but
such an agreement shall not waive the Owner's right, if
any, subsequently to declare a Contractor Default; and

3.2 The Owner has declared a Contractor Default and
formally terminated the Contractor's right to complete
the contract. Such Contractor Default shall not be de-
clared earlier than twenty days after the Contractor and
the Surety have received notice as provided in Sub-
paragraph 3.1; and

3.3 The Owner has agreed to pay the Balance of the
Contract Price to the Surety in accordance with the
terms of the Construction Contract or to a contractor
selected to perform the Construction Contract in accor-
dance with the terms of the contract with the Owner.

4, When the Owner has satisfied the conditions of Para-
graph 3, the Surety shall promptly and at the Surety's ex-
pense take one of the following actions:

4.1 Arrange for the Contractor, with consent of the
Owner, to perform and complete the Construction
Contract; or

4.2 Undertake to perform and complete the Construc-
tion Contract itself, through its agents or through inde-
pendent contractors; or

4.3 Obtain bids or negotiated proposals from

qualified contractors acceptable to the Owner for a
contract for performance and completion of the Gon-
struction Contract, arrange for a contract to be pre-
pared for execution by the Owner and the contractor
selected with the Gwner's concurrence, to be secured
with performance and payment bonds executed by a
qualified surety equivalent te the bonds issued on the
Construction Contract, and pay to the Owner the
amount of damages as described in Paragraph 6 in ex-
cess of the Balance of the Contract Price incurred by the
Owner resulting from the Contractor's default; or

4.4 Waive its rights to perform and complete, arrange
for completion, or obtain a new contractor and with

reasonable promptness under the circumstances:

-1 After investigation, determine the amount for which it may be
liable te the Owner and, as soon as practicable after the amount is
determined, tender payment therefore to the

Owner, or

2 Deny liability in whole or in part and notify the Owner

citing reasons therefore.

5. Ifthe Surety does not proceed as provided in Paragraph
4 with reasonable promptness, the Surety shall be deemed
to be in default on this Bond fifteen days after receipt of an
additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under
this Bond, and the Owner shall be entitled to enforce any
remedy available to the Owner. Ifthe Surety proceeds as
provided in Subparagraph 4.4, and the Owner refuses the
payment tendered or the Surety has denied liability, in
whole or in part, without further notice the Owner shall be
entitled to enforce any remedy available to the Owner.

6. After the Owner has terminated the Contractor's right
to complete the Construction Contract, and if the Surety
elects to act under Subparagraph 4.1, 4.2, or 4.3 above,
then the responsibilities of the Surety to the Owner shall
not be greater than those of the Contractor under the
Construction Contract, and the responsibilities of the
Owner to the Surety shail not be greater than those of the
Owner under the Construction Contract. To the limit of the
amount of this Bond, but subject ta commitment by the
Owner of the Balance of the Contract Price to mitigation of
costs and damages on the Construction Contract, the Sure-
ty is obligated without duplication for:

6.1 The responsibilities of the Contractor for correc-
tion of defective work and completion of the Construc-
tion Contract;

6.2 Additional legal, design professional and delay
costs resulting from the Contractor's Default, and re-
sulting fram the actions or failure to act of the Surety
under Paragraph 4; and

6.3 Liquidated damages, or if no liquidated damages
are specified in the Construction Contract, actual dam-
ages caused by delayed performance or non-perfor-
mance of the Contractor.

7. The Surety shall not be fiable to the Owner or others for
obligations of the Contractor that are unrelated to the Con-
struction Contract, and the Balance of the Contract Price
shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on
this Bond to any person or entity other than the Owner or
its heirs, executors, administrators, or successors.

8. The Surety hereby waives notice of any change, includ-
ing changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obligations.

9. Any proceeding, legal or equitable, under this Bond may
be instituted in any court of competent jurisdiction in

the location in which the work or part of the work is jocated
and shall be instituted within two years after Contractor
Default or within two years after the Contractor ceased
working or within two years after the Surety refuses or fails
to perform its obligations under this Bond, whichever oc-
curs first. If the provisions of this Paragraph are void or
prohibited by law, the minimum period of limitation avail-

DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1994 ED., AIA o

A 312-1984 2

THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C.20006

THIRD PRINTING - MARCH 1987

Page Image
Finance Committee - Agenda - 5/5/2021 - P32

Finance Committee - Agenda - 5/5/2021 - P33

By dnadmin on Mon, 11/07/2022 - 13:42
Document Date
Fri, 04/30/2021 - 10:18
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/05/2021 - 00:00
Page Number
33
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__050520…

able to sureties as a defense in the jurisdiction of the suit
shall be applicable.

10. Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the signature

page.

11. When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond conflicting with said statutory or egal requirement
shall be deemed deleted here from and provisions con-
forming to such statutory or other legal requirement shalt
be deemed incorporated herein. The intent is that this
Bond shall be construed as a statutory bond and not as a
common law bond.

12 DEFINITIONS
12.1 Balance of the Contract Price: The totaf amount
payable by the Owner to the Contractor under the

Construction Contract after all proper adjustments
have been made, including allowance to the Con-

MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:

tractor of any amounts received or to be received by
the Owner in settlement of insurance or other claims

for damages to which the Contractor is entitled, reduced
by all valid and proper payments made to or on

behalf of the Contractor under the Construction Con-
tract.

12.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including ail Contract Documents and
changes thereto.

12.3 Contractor Default: Faiture of the Contractor,
which has neither been remedied nor waived, to per-
form or otherwise to comply with the terms of the
Construction Contract.

12.4 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Con-
tractor as required by the Construction Contract or to
perform and complete or comply with the other terms
thereof.

(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)

CONTRACTOR AS PRINCIPAL SURETY

Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:

Title: Name and Title:

Address: Address:

AIA DOCUMENT A312 PERFORMANE BOND AN PAYMENT BOND DECEMBER 1984 3D, AIAG A312-1984 3

THE AMERICAN INSTITUTE OF ARCHITECTS, 1738 NEW YORK AVE., N.W., WASHINGTON, D.C, 20006
THIRG PRINTING - MARCH 1987

Name and

Page Image
Finance Committee - Agenda - 5/5/2021 - P33

Finance Committee - Agenda - 5/5/2021 - P34

By dnadmin on Mon, 11/07/2022 - 13:42
Document Date
Fri, 04/30/2021 - 10:18
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/05/2021 - 00:00
Page Number
34
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__050520…

THE AMERICAN INSTITUTE OF ARCHITECTS

Premium Amount Based
on Final Contract Amount

Bond No. 0231676
ALA Document A312
Payment Bond

Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.

CONTRACTOR (Name and Address): SURETY (Name and Principle Place of Business):
TURNSTONE CORPORATION BERKLEY INSURANCE COMPANY
479 NASHUA STREET PO BOX 9010

MILFORD, NH 03055 WESTBROOK, ME 04098

OWNER (Name and Address):
CITY OF NASHUA, NH
229 MAIN STREET
NASHUA, NH 03060

CONSTRUCTION CONTRACT
Date: APRIL 8, 2021
Amount: THREE MILLION SIX HUNDRED ONE THOUSAND SEVEN HUNDRED SIXTY SEVEN AND 00/100
DOLLARS ($3,601,767.00)
Description (Name and Location):
NASHUA POLICE DEPARTMENT HVAC

BOND
Date (No earlier than Construction Contract Date): APRIL 8, 2021
Amount: THREE MILLION SIX HUNDRED ONE THOUSAND SEVEN HUNDRED SIXTY SEVEN AND 00/100

DOLLARS ($3,601,767.00)

Modifications to this Bond: [X] None [ ] See Page 3
CONTRACTOR AS PRINCIPAL SURETY

COMPANY: (Corporate Seal} COMPANY: (Corporate Seal}
e BERKLEY INSURANCE COMPANY

Signature:
Name an

itle: ELIZABETH A. MORRISSETTE,
ATTORNEY-IN-FACT

FOR INFORMATION ONLY-Name, Address and Telephone OWNER'S REPRESENTATIVE (Architect,
AGENT OR BROKER: Engineer or other party):

FIAI INC. DBA CROSS INSURANCE-MANCHESTER

1100 ELM STREET

MANCHESTER, NH 03103

AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED., AIAO
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
A312-1984 4THIRD PRINTING - MARCH 1987

Page Image
Finance Committee - Agenda - 5/5/2021 - P34

Finance Committee - Agenda - 5/5/2021 - P35

By dnadmin on Mon, 11/07/2022 - 13:42
Document Date
Fri, 04/30/2021 - 10:18
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/05/2021 - 00:00
Page Number
35
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__050520…

1. The Contractor and the Surety, jointly and severally,
bind themselves, their heirs, executors, administrators,
successors, and assigns to the Owner to pay for labor,
materials and equipment fumished for use in the perfor-
mance of the Construction Contract, which is incorpo-
rated herein by reference.
2. With respect to the Owner, this obligation shall be
null and void if the Contractor:
2.1 Promptly makes payment, directly, or indirectly,
for all sums due Claimants, and

2.2 Defends, indemnifies and holds harmless the
Owner from claims, demands, liens or suits by any
person or entity whose claim, demand, lien or suit is
for the payment for labor, materials, or equipment fur-
nished for use in the performance of the Construction
Contract, provided the Owner has promptly notified
the Contractor and the Surety (at the address
described in Paragraph 12) of any claims, demands,
liens, or suits and tendered defense of such claims,
demands, liens or suits to the Contractor and the
Surety, and provided there is no Owner Default.

3. With respect to Claimants, this obligation shall be

null and void if the Contractor promptly makes payment,

directly or indirectly, for all sums due.

4, The Surety shall have no obligation to Claimants

under this Bond until:
4.1 Claimants who are employed by or have a direct
contract with the Contractor have given notice to the
Surety (at the address described in Paragraph 12) and
sent a copy, or notice thereof, to the Owner, stating
that a claim is being made under this Bond and, with
substantial accuracy, the amount of the claim.
4,2 Claimants who do not have a direct contract
with the Contractor:

-1 Have furnished written notice to the Con-
tractor and sent a copy, or notice thereof, to
the Owner, within 90 days after having last
performed labor or last furnished materials or
equipment included in the claim stating, with
substantial accuracy, the amount of the claim
and the name of the party to whom the
materials were furnished or supplied or for
whom the labor was done or performed; and
2 Have either received a rejection in whole or
in part from the Contractor, or net received
within 30 days of furnishing the above no-
tice any communication from the Contractor
by which the Contractor has indicated the
claim will be paid directly or indirectly; and

-3 Not having been paid within the above 30
days, have sent a written notice to the Surety
(at the address described in Paragraph 12) and
sent a copy, or notice thereof, to the Owner,
stating that a claim is being made under this
Bond and enclosing a copy of the previous
written notice furnished to the Contractor.

§. If a notice required by Paragraph 4 is given by the Owner to the

Contractor or to the Surety that is sufficient compliance.

6. When the Claimant has satisfied the conditions of
Paragraph 4, the Surety shall promptly and at the
Surety's expense take the following actions:
6.f Send an answer to the Claimant, with a copy to
the Owner, within 45 days after receipt of the claim,

stating the amounts that are undisputed and the basis

for challenging any amounts that are disputed.

6.2 Pay or arrange for payment of any undisputed
amounts,
7. The Surety's total obligation shall not exceed the
amount of this Bond, and the amount of this Bond shall be
credited for any payments made in good faith by the Surety.
8. Amounts owed by the Owner to the Contractor under
the Construction Contract shall be used for the perfor-
mance of the Construction Contract and to satisfy claims,
if any, under any Construction Performance Bond. By
the Contractor furnishing and the Owner accepting this
Bond, they agree that all funds eared by the Contractor
in the performance of the Construction Contract are
dedicated to satisfy obligations of the Contractor and
the Surety under this Bond, subject to the Owner's prior-
ity to use the funds for the completion of the work,
9. The Surety shail not be liable to the Owner, Claimants
or others for obligations of the Contractor that are unrelat-
ed to the Construction Contract. The Owner shall not be
liable for payment of any costs or expenses of any Claim-
ant under this Bond, and shall have under this Bond no obli-
gations to make payments to, give notices on behalf of, or
otherwise have obligations to Claimants under this Bond.
10. The Surety hereby waives notice of any change,
including changes of time, to the Construction Contract
or to related subcontracts, purchase orders and other obligations.
11. No suit or action shall be commenced by a Claimant
under this Bond other than in a court of competent juris-
diction in the location in which the work or part of the
work is located or after the expiration of one year from the
date (1) on which the Claimant gave the notice required by

Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last
labor or service was performed by anyone or the last mate-
rials or equipment were furnished by anyone under the Con-
struction Contract, whichever of (1) or (2) first occurs. If the
provisions of this Paragraph are void or prohibited by law,
the minimum period of limitation available to sureties as a
defense in the jurisdiction of the suit shall be applicable.

12. Notice to the Surety, the Owner or the Contractor

shall be mailed or delivered to the address shown on the
signature page. Actual receipt of notice by Surety, the
Owner or the Contractor, however accomplished, shall

be sufficient compliance as of the date received at the
address shown on the signature page.

13, When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
shall be deemed deleted here fram and provisions con-
forming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this

AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED., AIAG A312-1984 5
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006

THIRD PRINTING - MARCH 1987

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Finance Committee - Agenda - 5/5/2021 - P35

Finance Committee - Agenda - 5/5/2021 - P36

By dnadmin on Mon, 11/07/2022 - 13:42
Document Date
Fri, 04/30/2021 - 10:18
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/05/2021 - 00:00
Page Number
36
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__050520…

Bond shal! be construed as a statutory bond and not as a
common law bond.

14. Upon request by any person or entity appearing to be a
potential beneficiary of this Bond, the Contractor shall
promptly furnish a copy of this Bond or shall permit a copy
to be made.

15. DEFINITIONS

15.1 Claimant: An individual or entity having a direct
contract with the Contractor or with a subcontractor of
the Contractor to furnish tabor, materials or equip-
ment for use in the performance of the Contract. The
intent of this Bond shall be to include without limitation
in the terms "labor, materials or equipment” that

part of water, gas, power, light, heat, oil, gasotine,
telephone service or rental equipment used in the

MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:

Construction Contract, architectural and engineering
services required for performance of the work of the
Contractor and the Contractor's subcontractors, and
all other items for which a mechanic's lien may be
asserted in the jurisdiction where the labor, materials
or equipment were furnished.

16.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.

15.3 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Con-
tractor as required by the Construction Contract or to
perform and complete or comply with the other terms
thereof.

Paragraph 6 above is deleted in its entirety and the following is substituted in its place:

6. When the Claimant has satisfied the conditions of Paragraph 4, and has submitted all supporting documentation and any proof
of claim requested by the Surety, the Surety shall, with reasonable promptness, notify the Claimant of the amounts that are
undisputed and the basis for challenging any amounts that are disputed, including, but not limited to, the lack of substantiating
documentation to support the claim as to entitlement or amount, and the Surety shall, with reasonable promptness, pay or make
arrangements for payment of any undisputed amount; provided, however, that the failure of the Surety to timely discharge its
obligations under this paragraph or to dispute or identify any specific defense to all or any part of a claim shall not be deemed to be
an admission of liability by the Surety as to such claim or otherwise constitute 2 waiver of the Contractors or Surety's defenses to,
or right to dispute, such claim. Rather, the Claimant shall have the immediate right, without further notice, to bring suit against the

Surety to enforce any remedy available to it under this Bond.

(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)

CONTRACTOR AS PRINCIPAL SURETY

Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:

Name and Title: Name and Title: , Attorney-in-Fact

Address: Address:

AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED, AIAO A312-1984 6

THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.,NLW., WASHINGTON, D.C. 20006
THIRO PRINTING - MARCH 1987

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Finance Committee - Agenda - 5/5/2021 - P36

Finance Committee - Agenda - 5/5/2021 - P37

By dnadmin on Mon, 11/07/2022 - 13:42
Document Date
Fri, 04/30/2021 - 10:18
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/05/2021 - 00:00
Page Number
37
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__050520…

No. BI-8085g-et
POWER OF ATTORNEY
BERKLEY INSURANCE COMPANY
WILMINGTON, DELAWARE

NOTICE: The warning found etsewhere in this Power of Attorney affects the validity thereof. Please review carefully.

KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the “Company”), a corporation duly
organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted
and appointed, and does by these presents make, constitute and appoint: Lisa J. Nolan; Christine M. McCusker; Chris Sharpe;
Beatrice Lachance; James Harrison; Tara C, Dean; Jeffrey J. Schroeder; Elizabeth A. Morrissette; or Nicki A. Runci of FIA,
Inc, dba Cross Insurance - Manchester of Manchester, NH its true and lawful Attorney-in-Fact, to sign its name as surety only as
delineated below and to execute, seal, acknowledge and deliver any and ail bonds and undertakings, with the exception of
Financial Guaranty Insurance, providing that no single obligation shall exceed One Hundred Million and 00/100 U.S. Dollars
(U.S.$100,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected
officers of the Company at its principal office in their own proper persons.

This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware,
without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following
resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010:

RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief
Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant
Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein
to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the
corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such
attorney-in-fact and revoke any power of attorney previously granted; and further

RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances,
or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the
manner and to the extent therein stated; and further

RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and
further

RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any
power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or
other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as
though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any
person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have
ceased to be such at the time when such instruments shall be issued.

IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its

corporate seal hereunto affixed this ist day of 2020
Attest: | Insurance Company
By Le By Wow AC, the fh
Ira’S. Lederman Te after! |
Executive Vice President & Secretary Seqi esident
STATE OF CONNECTICUT )
) ss:
COUNTY OF FAIRFIELD )}
Swom to before me, a Notary Public in the State of Connecticut, this 1st_ day of i 2020_, by Ira S. Lederman

and Jeffrey M. Hafter who are sworn to me to be the Executive Vice President,

respectively, of Berkley Insurance Company. MARA CRUNOBAKEN

CONNECTICUT
MY COMMISSION EXPIRES
APHIL 4

fe

otary Public, State of Connecticut

CERTIFICATE

I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a
tru, correct and complete copy of the original Power of Attomey; that said Power of Attomey has not been revoked or rescinded
fbat-the authority of the Attorney-in-Fect set forth therein, who executed the bond or undertaking to which this Power of
altached, is in full force and effect as of this date.
j\under nry hand and seal of the Company, this day of _

‘Vincent P, Forte

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Finance Committee - Agenda - 5/5/2021 - P37

Finance Committee - Agenda - 5/5/2021 - P38

By dnadmin on Mon, 11/07/2022 - 13:42
Document Date
Fri, 04/30/2021 - 10:18
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/05/2021 - 00:00
Page Number
38
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__050520…

CONSTRUCTION MANAGER DESIGN/ BUILDER GENERAL CONTRACTOR

PARTA
Scope Narrative

Turnstone’s proposal is based on the following documents.

e RFP 2/11/21

e Appendix A- Scope of Work Not Dated

e Appendix B - Bid Form Not Dated

e Appendix C — Bid Express Vendor Guide Not Dated

e Addendum 1- Drawings 2/12/21 (Enclosed Plans Dated 12/18/20)
e Addendum 2 — Clarifications / Q&A 2/16/21

e Phasing Schematic By Yeaton Not Dated

e Pre-Bid Attendance Log 2/16/21

e HVAC Bid Walkthrough 2/16/21

e Addendum3-Q&A 2/22/21

We have visited the site to become familiar with the conditions of the site. However, much of the existing
conditions was concealed by existing ceiling systems.

Upon award we would work to get our long lead equipment submitted, approved, and ordered. While waiting for
equipment to arrive, work with our HVAC vendor to do a more accurate survey of the existing conditions. We can
then better develop a work sequence plan that minimizes impact on the Department and maximizing our
efficiency moving though the building.

Once equipment is available, systematic removal and replacement of HVAC systems would begin.

In early conversations with our HVAC vendor, it would seem most appropriate to work from the upper floor down
exiting out the basement in a similar, yet backwards, phasing sequence. Working from the top down generally
allows us to keep the existing system active for the duration of the project to ensure adjacent spaces remain
conditioned. We will be disassembling the system as we work our way down finishing with the source.

For safety, we will have to shut down the power for about 6 hours to remodel the main electrical panel. We have
anticipated connecting the dispatch center panel to a generator for continued operations during that time frame.

Clarifications:

e We have anticipated new wiring to MC cable where concealed. Rigid conduit to be used where visible.

e The schedule requires that the review period for material submittals and shop drawings be no more than
ten days from submission.

e =All testing and inspection is excluded.

e All handling, removal and/or disposal of any type of hazardous material is excluded. None has been
identified at the time of this proposal.

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Finance Committee - Agenda - 5/5/2021 - P39

By dnadmin on Mon, 11/07/2022 - 13:42
Document Date
Fri, 04/30/2021 - 10:18
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/05/2021 - 00:00
Page Number
39
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We have not included the value of the Building Permit fee. We anticipate the city of Nashua will waive
permit fees for City of Nashua work.

We have assumed temporary power & water are available on site at no cost.

Snow removal is excluded.

We assume an adequate area for staging and storage will be provided by the owner.
We anticipate the use of Owner provided parking for the work force.

A project of this kind will generate some noise and vibration that may be disruptive. We do work to
minimize disruptive noise and vibration.

We have not included personnel relocation expenses. We anticipate furniture, office equipment,
telephone systems, data systems and personal affects to be relocated by others for temporary relocation.
Furniture to remain in constructions zones will be moved by our personnel to access the work as needed.

At this stage in the project, it is difficult to develop a payment schedule. Once subcontracts are awarded
and the sequencing and scheduling is firmed up, we will be happy to define an estimated projected
payment schedule. Typically, we bill monthly for previous months work.

Specifications indicate the GC to carry 40 shovels and supply hardhats for a groundbreaking. If this work
is not required, please deduct $1,800.

Specifications indicate the GC to provide a catalog of 15 different building codes & standard manuals to
the owner at completion of this project. If this work is not required, please deduct $1,500.

Specifications indicate the GC to provide a separate program manager field office with furnishings. If this
work is not required, please deduct $9,220.

One of the projects RFI’s suggested work personnel will be required to have a background check. While
we support the idea of background checks, the specifications did not indicate whether there would be
costs associated with the background check process. We have not included expenses related to
background checks.

In accordance with Addendum 2, RFI 20 we offer the following unit pricing:
o Replacement of (2ea) T8 U-Lamp & Replacement of Ballast $132

At the time of this proposal the roofer identified in Addendum #2 RFI 25 was not interested in bidding.
We have carried the value of another roofer. Maintenance of the existing roof membrane warranty is
unclear to us. We have carried an allowance of $55,000 for roofing.

Supplemental structural supports for supporting HVAC have not been identified. We have not included
structural reinforcements if needed.

It is unclear as to the amount of fire protection work is required. We are aware of some removals of
heads associated with demolition of some duct trunk lines. Its not clear how may heads will be required
because of new ductwork or relocations to accommodate work. We have carried an allowance of $9,000
for fire protection work.

479 NASHUA STREET MILFORD, NH 03055 (603) 249-9300 ~ FAX (603) 673-6138

WWW.TURNSTONECORP.COM

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Finance Committee - Agenda - 5/5/2021 - P39

Finance Committee - Agenda - 5/5/2021 - P40

By dnadmin on Mon, 11/07/2022 - 13:42
Document Date
Fri, 04/30/2021 - 10:18
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/05/2021 - 00:00
Page Number
40
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__050520…

Part C: Detailed Cost Proposal
Provide a proposed fee structure for services provided that includes the hourly rate of key project personnel and

support staff, any reimbursable and other expenses anticipated to be charged to this contract. The price proposal
should identify what level or effort and work product is expected from City staff. Proposals should be inclusive of
all costs necessary to execute this project

Item Pricing
ease see Inclusion Detailed Cost Proposal’ Tor the cetall. Lump sum price iin space

provided below.

turnstone

e corporation
Bid Form 0292-021121

Page Image
Finance Committee - Agenda - 5/5/2021 - P40

Finance Committee - Agenda - 5/5/2021 - P41

By dnadmin on Mon, 11/07/2022 - 13:43
Document Date
Fri, 04/30/2021 - 10:18
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/05/2021 - 00:00
Page Number
41
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__050520…

TOTAL BID (in Dollars) | $

3,614,287

(Amounts where indicated shall be shown in both words and figures. In case of discrepancy, the amount shown
in words will govern.)

Part D: Experience and Qualifications

References: include at least 3 professional references (business name, contact, email address & phone number).
References may be contacted as part of our preliminary bid review to assist project committee in assessing Vendor
qualifications. Current City of Nashua personnel and elected officials shall not be used as references.

City Projects: Provide a list of project awards Vendor has received from the City of Nashua in the past 5 years.
Please include project detail, City department and City project lead.

BID GUARANTEE: Attached here is a bid guarantee in the form of a Hid Gond in the amount of
5% (five percent) of the Total Base Bid Amount.

If notice of acceptance of this proposal is given to the undersigned within 30 days after the date of opening of
proposals, or any time thereafter before this proposal is withdrawn, the undersigned will execute and deliver a
contract in the prescribed form within 10 days after the contract has been presented to him for signature.

Either the undersigned or one of the following individuals, if any, is authorized to modify this proposal prior to the
deadline for receipt of proposals by writing the modification and signing his name on the face of the proposal, on
the envelope in which it is enclosed, on a separate document, or on a document which is faxed to the City or by
sending the City’s representative an e-mail message:

turnstone

e corporation
Bid Form 0292-021121

Page Image
Finance Committee - Agenda - 5/5/2021 - P41

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