Search

20. DISPOSITION OF CONTRACT MATERIALS Any books, reports, studies, photographs, negatives or

21.

other documents, data, drawings or other materials, including but not limited to those contained in
media of any sort {e.g., electronic, magnetic, digital) prepared by or supplied to Professional
Architect in the performance of its obligations under this contract shall be the exclusive property
of the City of Nashua and all such materials shall be remitted and delivered, at Professional
Architect's expense, by Professional Architect to the City of Nashua upon completion,
termination, or cancellation of this contract. Alternatively, if the City of Nashua provides its written
approval to Professional Architect, any books, reports, studies, photographs, negatives or other
documents, data, drawings or other materials including but not limited to those contained in media
of any sort (e.g., electronic, magnetic, digital) prepared by or supplied to Professional Architect in
the performance of its obligations under this contract must be retained by Professional
Architect for a minimum of four years after final payment is made and all other pending matters are
closed. If, at any time during the retention period, the City of Nashua, in writing, requests any or
all of the materials, then Professional Architect shall promptly remit and deliver the materials, at
Professional Architect's expense, to the City of Nashua. Professional Architect shall not use,
willingly allow or cause to have such materials used for any purpose other than the performance of
Professional Architect's obligations under this contract without the prior written consent of the City
of Nashua.

PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS Professional Architect expressly agrees
that all documents ever submitted, filed, or deposited with the City of Nashua by Professional
Architect (including those remitted to the City of Nashua by Professional Architect pursuant to
paragraph 20), unless designated as confidential by a specific statue of the State of New Hampshire,
shall be treated as public records and shall be available for inspection and copying by any person,
or any governmental entity.

No books, reports, studies, photographs, negatives or other documents, data, drawings or other
materials meluding but not limited to those contained in media of any sort (e.g., electronic,
magnetic, digital) prepared by or supplied to Professional Architect in the performance of its
obligations under this contract shall be the subject of any application for a copyright or patent by
or on behalf of Professional Architect. The City of Nashua shall have the right to reproduce any
such materials. Notwithstanding any provision to the contrary contained in this Agreement,
Professional Architect shall retain sole ownership to its preexisting information including but not
limited to computer programs, software, standard details, figures, templates and specifications to
the extent that Professional Architect identifies each element of all such information to the City of
Nashua simultaneously with the provision of the same

Professional Architect expressly and indefinitely waives all of its rights to bring, including but not
limited to, by way of complaint, interpleader, intervention, or any third party practice, any claims,
demands, suits, actions, judgments, or executions, for damages or any other relief, in any
administrative or judicial forum, against the City of Nashua or any of its officers or employees, in
either their official or individual capacity of the City of Nashua, for violations of or infringement
of the copyright or patent laws of the United States or of any other nation. Professional Architect
agrees to indemnify, to defend, and to hold harmless the City of Nashua, its representatives, and
employees from any claim or action seeking to impose liability, costs, and attorney fees incurred
as a result of or in connection with any claim, whether rightful or otherwise, that any material
prepared by or supplied to Professional Architect infringes any copyright or that any equipment,
material, or process (or any part thereof} specified by Professional Architect infringes any patent.

Professional Architect shall have the right, in order to avoid such claims or actions, to substitute at
its expense non-inffinging materials, concepts, products, or processes, or to modify such
infringing materials, concepts, products, or processes so they become non-infringing, or to obtain
the necessary licenses to use the infringing materials, concepts, products, or processes, provided

GC 9 of 11

22,

23.

24,

23.

26.

that such substituted or modified materials, concepts, products, or processes shall meet all the
requirements and be subject to all the terms and conditions of this contract.

FINAL ACCEPTANCE Upon completion of all work under the contract, Professional Architect
shall notify the City of Nashua in writing of the date of the completion of the work and request
confirmation of the completion from the City of Nashua. Upon receipt of the notice, the City of
Nashua shall confirm to Professional Architect in writing that the whole of the work was completed
on the date indicated in the notice or provide Professional Architect with a written list of work not
completed. With respect to work listed by the City of Nashua as incomplete, Professional
Architect shall promptly complete the work and the final acceptance procedure shall be repeated.
The date of final acceptance of a project by the City of Nashua shall be the date upon which the
Division of Administrative Services, mayor or other designated official accepts and approves the
notice of completion.

TAXES Professional Architect shall pay all taxes, levies, duties, and assessments of every nature
due in connection with any work performed under the contract and make any and all payroll
deductions required by law. The contract sum and agreed variations to it shall include all taxes
imposed by law. Professional Architect hereby indemnifies and holds harmless the City of Nashua
from any liability on account of any and all such taxes, levies, duties, assessments, and
deductions.

NON-WAIVER OF TERMS AND CONDITIONS None of the terms and conditions of this contract
shall be considered waived by the City of Nashua. There shall be no waiver of any past or future
default, breach, or modification of any of the terms and conditions of the contract unless
expressly stipulated to by the City of Nashua in a written waiver.

RIGHTS AND REMEDIES The duties and obligations imposed by the contract and the rights and
remedies available under the contract shall be in addition to and not a limitation of any duties,
obligations, rights, and remedies otherwise imposed or available by law.

PROHIBITED INTERESTS Professional Architect shall not allow any officer or employee of the
City of Nashua to have any indirect or direct interest in this contract or the proceeds of this contract.
Professional Architect warrants that no officer or employee of the City of Nashua has any direct
or indirect interest, whether contractual, noncontractual, financial or otherwise, in this contract or
in the business of Professional Architect. If any such interest comes to the attention of Professional
Architect at any time, a full and complete disclosure of the interest shall be immediately made in
writing to the City of Nashua. Professional Architect also warrants that it presently has no interest
and that 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. Professional
Architect further warrants that no person having such an interest shall be employed in the
performance of this contract. If City of Nashua determines that a conflict exists and was not
disclosed to the City of Nashua, it may terminate the contract at will or for cause in accordance
with paragraph 8.

In the event Professional Architect (or any of its officers, partners, principals, or employees acting
with its authority) is convicted of a crime involving a public official arising out or in connection
with the procurement of work to be done or payments to be made under this contract, City of Nashua
may terminate the contract at will or for cause in accordance with paragraph 8. Upon termination,
Professional Architect shall refund to the City of Nashua any profits realized under this contract,
and Professional Architect shall be liable to the City of Nashua for any costs incurred by the
City of Nashua in completing the work described in this contract. At the discretion of the City of
Nashua, these sanctions shall also be applicable to any such conviction obtained after the expiration
or completion of the contract.

GC 10 of 11

27.

28,

29.

30,

31.

Professional Architect warrants that no gratuities (including, but not limited to, entertainment or
gifts) were offered or given by Professional Architect to any officer or employee of the City of
Nashua with a view toward securing a contract or securing favorable treatment with respect to the
awarding or amending or making of any determinations with respect to the performance of this
contract. If City of Nashua determines that such gratuities were or offered or given, it may
terminate the contract at will or for cause in accordance with paragraph 8.

The rights and remedies of this section shall in no way be considered for be construed as a waiver
of any other rights or remedies available to the City of Nashua under this contract or at law.

THIRD PARTY INTERESTS AND LIABILITIES The City of Nashua and Professional Architect,
including any of their respective agents or employees, shall not be liable to third parties for any
act or omission of the other party. This contract is not intended to create any rights, powers, or
interest in any third party and this agreement is entered into for the exclusive benefit of the City
of Nashua and Professional Architect.

SURVIVAL OF RIGHTS AND OBLIGATIONS The rights and obligations of the parties that by their
nature survive termination or completion of this contract shall remain in full force and effect.

SEVERABILITY In the event that any provision of this contract is rendered invalid or
unenforceable by any valid act of Congress or of the New Hampshire legislature or any court of
competent jurisdiction, or is found to be in violation of state statutes or regulations, the invalidity
or unenforceability of any particular provision of this contract shall not affect any other provision,
the contract shall be construed as if such invalid or unenforceable provisions were omitted, and
the parties may renegotiate the invalid or unenforceable provisions for sole purpose of rectifying
the invalidity or unenforceability.

MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT This contract constitutes the entire
contract between the City of Nashua and Professional Architect. The parties shall not be bound
by or be liable for any statement, representation, promise, inducement, or understanding of any kind
or nature not set forth in this contract. No changes, amendments, or modifications of any terms or
conditions of the contract shall be valid unless reduced to writing and signed by both parties.

CHOICE OF LAW AND VENUE This contract shall be governed exclusively by the laws of the State
of New Hampshire and any claim or action brought relating to this contract, the work performed or
contracted to be performed thereunder, or referable in anyway thereto shall be brought in
Hillsborough County (New Hampshire) Superior Court Southern Judicial District or in the New
Hampshire 9th Circuit Court—Nashua and not elsewhere.

GC ll of 11

EXHIBIT B to AGREEMENT
BETWEEN
OWNER AND ARCHITECT

MVR, TAX, ASSESSING, CITY CLERK BUILDING MODIFICATIONS
DUE TO COVID 19 PANDEMIC
SCOPE OF SERVICES, CONTRACT TIME, FEE SCHEDULE
PROFESSIONAL ARCHITECTING SERVICES

This is an exhibit attached to and made part of the Agreement dated May 20, 2020 between
Dennis Mires. PA (ARCHITECT) and the City of Nashua, New Hampshire {OWNER}.

This exhibit describes the Scope of Services, Contract Time, and Fee Schedule for the project
known as the MVR, TAX, ASSESSING, CITY CLERK BUILDING MODIFICATIONS DUE TC THE
COVID 19 PANDEMIC.

1.0 The Basic Services of an ARCHITECT as described in Article 2 of said agreement as amended
and supplemented as follows:

Scope of Work

This project involves consulting with the Administrative Services Division, City Clerk and
Financial Services Division, as well as personnel in Information Technology and providing
technical assistance as needed.

Tasks may include, but are not limited to:

This is a redesign of the office space to reconfigure the workstations and customer reception to
keep up with ADA needs and the Covid19 separation requirements, as well as general updates to
security and finishes that were already being discussed. There will be a new concept of how to
receive customers (behind glass) and to provide partitions/sneeze guards between employees, as
well as for the workstations and desks that provide for online registration and typical office
operations. Customer queues will be rethought so customers don’t have to touch doors and they
can keep safe separation while in line. The main doors will need to have hold opens so they can be
opened in the morning but will shut automatically when an alarm is sounded and may

be tied in with the fire alarms. Additional security features will be integrated into the design
solution like glass wall and doors for separation between the public and employee areas and glass
kiosks that respect the distance between customers while in line or being assisted by a city
employee.

The mechanical should be fine as is, unless walls are moved or added, but all the lighting will be
updated with LED lights. The ceiling grid on the main level should be fine for reuse, but the lower
level ceilings will be replaced, Integral with reconfiguring the desks for new millwork and separation
the wall finishes will be updated. It is our intent to salvage as much of the flooring as possible, but the
Main level floors will require ADA accessibility, thus eliminating the “raised floor’ in the Motor Vehicle
Division.

We feel the project does not require full MEP design. Along with our architectural design
documents we will provide Electrical engineering to prepare a fire alarm narrative report,
drawings for replacing existing fluorescent lights with LED fixtures, and preparation of
construction documents and specifications for the building electrical systems including:
Modifications to the existing Normal Power Distribution, power outlet system, Lighting,
Emergency Lighting, Lighting Control and fire detection and signaling system. ff Structural
Engineering and/or Mechanical, Plumbing or Fire Protection Engineering is required we would

provide that as an additional service.

We envision addressing the design solution by analyzing the customer queue first so the customer can
enter one way and exit another in a fluid manner without backtracking into the customer line. Each
customer will be assisted by a City employee at a “one-stop-shop” counter/kiosk that is sufficiently
separated from the adjacent customer. Each counter will have a glass barrier (potentially a level 3
bullet resistant capacity) with a pass-through slot. We feel this will provide the best customer
experience while protecting employees and customers alike, Likewise, we will provide a similar
configuration between employees. It is important to understand how each division works to be able
to set up adjacencies and specific work surface/storage needs so we anticipate some time
interviewing division managers and observing/documenting the existing conditions.

2,0 Contract Fixed Fee Schedule

Timeline:

Design Team selected and Interviewing Managers begins June 24

Site Visit of Engineering Consultants Week of june 9
Schematic Design layout presented June 11" Final

Design layout refined Budget Review June igth

Select Contractor June 22th

Construction Documents Begin (Millwork Schematic) June 25
Construction Documents complete- Final Budget Week of July 13"
Construction Begins July 20"

The total square footage of the project is 6,600sf. Some areas require moderate changes, while others
may have more demolition, finishes and tailored casework to be capable with separation and safety
requirements. We view this as a moderately involved tenant improvement since structural and
mechanical wilf be avoided. We anticipate a budget of

$330,000 to $580,000 based on initial design considerations. Therefore, we propose a fee of
$32,500 including electrical design according to the following services:

3.0 Fee Schedule, Compensation and Invoicing

Our services would include:
Verify existing conditions/base plan
$ 1,500
Electrical Engineering
$ 4,300
Develop a consensus plan/configuration

$ 7,406

Interior elevations/views

Proposed Finishes

Construction Documents & Millwork Drawings
$12,500
Specifications

$ 3,500
Budget
$ 800

Construction Administration

$2,500

Total Fee
$32,500

Printing and postage will be billed in addition to the fee at cost. Services not

provided include: Geotech. Engineering

Site / Civil / Landscape Engineering
Structural Engineering

(Additional Service}

Mechanical Engineering

(Additional Service) Fire

Protection Engineering

Hazardous Materials Survey & Abatement

REPORT OF THE FINANCE COMMITTEE

MAY 21, 2020
A meeting of the Finance Committee was held on Thursday, May 21, 2020, at 10:35 p.m. via teleconference.

Vice-Chairman Patricia Klee presided.

Alderman Klee

As Vice-Chairman of the Finance Committee, | find that due to the State of Emergency declared by
the Governor as a result of the COVID-19 pandemic and in accordance with the Governor's Emergency Order
#12 pursuant to Executive Order 2020-04, this public body is authorized to meet electronically.

Please note that there is no physical location to observe and listen contemporaneously to this meeting, which
was authorized pursuant to the Governor's Emergency Order. However, in accordance with the Emergency
Order, | am confirming that we are:

a) Providing public access to the meeting by telephone, with additional access possibilities by
video or other electronic means:

We are utilizing WebEx through the City’s IT Department for this electronic meeting. All members of
the Finance Committee have the ability to communicate contemporaneously during this meeting
through this platform, and the public has access to contemporaneously listen in to this meeting
through dialing the following number 1-978-990-5298 and using the password 273974. The Public
may also view this meeting on Comcast Channel 16.

b) Providing public notice of the necessary information for accessing the meeting:

We previously gave notice to the public of the necessary information for accessing the meeting, through
public postings. Instructions have also been provided on the City of Nashua’s website at
www.nashuanh.gov and publicly noticed at City Hall and Public Health Department.

c) Providing a mechanism for the public to alert the public body during the meeting if there are
problems with access:

If anybody has a problem accessing the meeting via phone or Channel 16, please call 603-821-2049 and
they will help you connect.

d) Adjourning the meeting if the public is unable to access the meeting:

In the event the public is unable to access the meeting via the methods mentioned above, the meeting
will be adjourned and rescheduled. Please note that all votes that are taken during this meeting shall be
done by roll call vote.

Let’s start the meeting by taking a roll call attendance. When each member states their presence, please
also state whether there is anyone in the room with you during this meeting, which is required under the
Right-To-Know Law.

The roll call was taken with 5 members of the Finance Committee present: Alderman Patricia Klee,
Alderwoman Elizabeth Lu, Alderman Linda Harriott-Gathright, Alderwoman Shoshanna Kelly, Alderman
Michael B. O’Brien, Sr.

Finance Committee - 05/21/2020 Page 2

Members not in Attendance: Mayor Jim Donchess
Alderman-at-Large Brandon Laws

Also in Attendance: John Griffin, CFO/Comptroller
Dan Kooken, Purchasing Manager
Kim Kleiner, Administrative Services Director

Vice-Chairman Klee

Here. | am alone in this room, but in close proximity is my husband my two greyhounds. | am attending this
call virtually by the Governor's order.

Alderwoman Lu
| am present, | am alone and | can hear you, thank you.

Alderman Harriott-Gathright

And the Clerk, | am present, I’m alone and | am safe distancing.

Alderwoman Kelly

| am here, | can hear everybody, my 9-month-old is here in the room with me but he’s not advising me in any
way, shape, or form. | am practicing social distancing.

Alderman O’Brien
| am present, | am alone, and | can hear the proceedings, thank you.

Alderman Harriott-Gathright

Ok, also in attendance is John Griffin, our CFO; Dan Kooken, Purchasing Manager and Kim Kleiner,
Administrative Services Director. | also had listed Dave Fredette is he here?

John Griffin, CFO

No, Mr. Fredette is not here.

Alderman Harriott-Gathright

Ok, thank you.

John Griffin, CFO

Thank you.

Alderman Harriott-Gathright

Did | miss anyone else?
Vice- Chairman Klee

Thank you, Madam Clerk. Communications from Dan Kooken, Purchasing Manager.

Finance Committee - 05/21/2020 Page 3

COMMUNICATIONS

From: Dan Kooken, Purchasing Manager
Re: 14 Court Street Fire Suppression System, Change Orders #1 and #2 on PO #154024

MOTION BY ALDERMAN HARRIOTT-GATHRIGHT TO ACCEPT, PLACE ON FILE, AND AUTHORIZE
CHANGE ORDER #1 IN THE AMOUNT OF $15,290 AND CHANGE ORDER #2 IN THE AMOUNT OF
$13,283 FOR A TOTAL AMOUNT OF $28,573 FOR 14 COURT STREET FIRE SUPPRESSION SYSTEM
FROM NORTHPOINT CONSTRUCTION, BY ROLL CALL

ON THE QUESTION

Vice-Chairman Klee

Mr. Kooken, did you want to talk to this? | think you might be muted.

Alderman Harriott-Gathright

It doesn’t look he’s muted.
Vice-Chairman Klee
It looks like we may have lost him, I’m not sure.

Kim Kleiner, Director of Administrative Services

Alderwoman Klee, | can speak to it.
Vice-Chairman Klee
Thank you, Director Kleiner, | appreciate that.

Kim Kleiner, Director of Administrative Services

So on Change Order #1 for $15,290.00 what was found was the existing devices in Liquid Therapy and the
Artist Space are not compatible with the required fire alarm panel that we are installing. The devices in those
areas will need to be replaced as part of this project. The original bid package did not include replacing those
devices so that is the change within the price.

Vice-Chairman Klee

Thank you very much. Are there any questions?

Alderwoman Lu

Yes, | have a question.

Vice-Chairman Klee

Alderwoman Lu?

Finance Committee - 05/21/2020 Page 4
Alderwoman Lu

Thank you. In Mr. Kooken’s Memo or (inaudible) details are attached. Did we not get something that was
meant to be attached?

Kim Kleiner, Director of Administrative Services

Alderwoman Lu, | can’t speak to why he said that, so | received an update from the contractor. | am not aware
that Mr. Kooken had the details that | have here. | can go on, since it’s all in one Memo, Change Order #2 for
$13,282.50 — that is because originally the existing wet and dry systems in the attic were not part of the scope
of work. The Fire Marshall asked that we check the sprinklers just to make sure there were no deficiencies in
these systems. What we did find was that the sprinkler heads will need to be replaced in about 2 and % years
and the compressor for the dry system is at its near end of life. It is almost 30 plus years old so we looked at
having the contractor perform this work since the building is unoccupied. The contractor is already on site; it
minimizes any future disruption when the building becomes occupied. So that's the second change order.

Alderwoman Lu
Thank you. Just what is the project, when did it begin? This project on Court Street?

Kim Kleiner, Director of Administrative Services

It did. So we began this project shortly after City Hall closed, shortly after the 15" of March.
Alderwoman Lu

Thank you. Alderman Klee.

(Audio distortion)

Unidentified Speaker

We can’t hear you.

Vice-Chairman Klee

| was muted, | apologize for that. Alderwoman Kelly and then Alderman O’Brien.

Alderwoman Kelly

Thank you. | just wanted to for reference for Alderwoman Lu, this project has been something that we have
been talking about for awhile and | think the most striking piece that came up was the Fire Chief saying that the
Court Street Building is the one that keeps him up at night. He said it, that’s exactly what he said on the
record. So | was very happy to have it done and I'll support these change orders. Sorry it’s late.

Vice-Chairman Klee

Alderman O’Brien?

Alderman O’Brien

Thank you. When | was a Deputy Chief, | had other buildings | worried about, you know? But Court Street is
near and dear to the City, it’s one of the oldest, it was a Fire Station. It was reconfigured into our original

Performing Arts Center. And yet the City of Nashua leads the way, we demand of the public to have fire
protection and that goes into residential and commercial properties. We should be the leader of that in our