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FINANCE COMMITTEE

JUNE 15, 2022
7:00 Aldermanic Chamber and Zoom

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ROLL CALL

PUBLIC COMMENT

COMMUNICATIONS

From: Kelly Parkinson, Purchasing Manager
Re: Commissioning Services in the amount not to exceed $27,550 funded from 53107 Architect & Engineering
Services/DPW Facility (Economic Development)

UNFINISHED BUSINESS

TABLED IN COMMITTEE

NEW BUSINESS — RESOLUTIONS

NEW BUSINESS — ORDINANCES

REGORD OF EXPENDITURES

GENERAL DISCUSSION

PUBLIC COMMENT

REMARKS BY THE ALDERMEN

ADJOURNMENT

City of Nashua

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

May 27, 2022
Memo #22-291

TO: Mayor Donchess
Finance Committee

SUBJECT: Commissioning Services in the amount not to exceed $27550 funded from 53107 Architect &
Engineering Services/DPW Facility

Please see attached communications from Tim Cummings, Director of Economic Development, dated May 24, 2022
for project specific details related to this purchase. Below please find a summary of the purchase approval request:

Item: Commissioning services to check & document design, installation and testing the DPW
facility building systems against our requirements

Value: not to exceed $27,550

Vendor: Fitzemeyer and Tocci

Department: 160 Admin/Engineering
Source Fund: 53107 Architect & Engineering Services/ DPW Facility

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 3/23/2022 and the following bids were received:

Vendor Location Amount
Resilient Building Group, Inc. Concord, NH $30,682
Harris Energy Solutions Round Rock, TX S48, 448
DuBois & King S Burlington, VT $45,600
Sustainable Engineering Solutions, LLC Berlin, CT $52,400
Colliers Project Leaders USA NE, LLC Boston, MA $53,680
Fitzemeyer & Tocci Associates Woburn, MA $27,550
CannonDesign Boston, MA $24,200
P2S Commissioning Long Beach, CA $48,130

We recommend this bid to be awarded to the vendor who best met the project requirements.

The Economic Development Division and the Purchasing Department respectfully request your approval of this
contract.

Regards,
Kelly Parkinson

Purchasing Manager

Ce: T Cummings
C O'Connor

THE CITY OF NASHUA “The Cate City"

Office of Economie Development

TO: Jim Donchess, Mayor & Michael O’Brien, Chair

FROM: —= Tim Cummings, Economic Development Director

Date: May 24, 2022

RE: Approval of a Contract for Commissioning Services provided by
Fitzemeyer and Tocci relative to the new DPW Administrative Office
Building

The enclosed document is a not to exceed contract of $27, 550.00 to Fitzemeyer and Tocci. The
scope of work to be provide is for commission services.

Commissioning services is a process that checks and documents the design, installation and,
testing of a building's systems according to the requirements of the owner. It includes training of
the owner's appropriate staff in order to understand and operate the building systems efficiently
and correctly. This is a best practice to ensure specifically the mechanical systems are working
the way they were designed.

A Request for Proposals (“RFP”) was released and there were eight responses and two rose to
the top. Fitzemeyer and Tocci and Cannon were essentially the same price for services and
ultimately I am recommending that this contract be awarded to Fitzemeyer and Tocci based on
their familiarity with the city, price and knowledge in commissioning services specifically when
it comes to mechanical systems.

THANK YOU.

229 Main Street, Suite 234 * Nashua, New Hampshire 03060 « Phone (603) 589-3106

CONTRACT FOR PROFESSIONAL SERVICES

A CONTRACT BETWEEN

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

AND
its successors, transferees and assignees (together “Professional Engineer’’)

FITZEMEYER & TOCCI

NAME AND TITLE OF PROFESSIONAL ENGINEER

300 UNICORN PARK DRIVE 5™ FLOOR, WOBURN, MA 01801

ADDRESS OF PROFESSIONAL ENGINEER

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

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

WHEREAS, Professional Engineer 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, i.e. Approach to Work/Schedule, Fee Proposal

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.

AG 1 of 4

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

DESCRIPTION OF WORK:

PLEASE SEE ATTACHED SCOPE OF WORK UNDER EXHIBIT B (APPROACH TO WoRK)

3. PERIOD OF PERFORMANCE. Professional Engineer shall perform and complete all work by April
30, 2023 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.
Professional Engineer shall begin performance upon receipt of an Executed Contract and a valid
Purchase Order issued from the City of Nashua.

4, COMPENSATION. Professional Engineer agrees to perform the work for a total cost not to
exceed

($27,550.00)

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

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

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

AG 2 of 4

approved budget. Specifically, Professional Engineer 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 personnel 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 Professional Engineer. The City
of Nashua will pay Professional Engineer 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: PROFESSIONAL ENGINEER REPRESENTATIVE:

Tim Cummings Nathaniel Fanning
Director of Economic Development Energy & Infrastructure
P: 603.589.3072 P: 781.285.2300 / E:nfanning@f-t.com

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

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 3 of 4

SD YF YY

EXHIBIT A
TABLE OF CONTENTS
GENERAL CONDITIONS

DEFINITIONS

PROFESSIONAL ENGINEER 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

Ciry INSPECTION OF CONTRACT MATERIALS
DISPOSITION OF CONTRACT MATERIALS

PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS
FINAL ACCEPTANCE

TAXES

NON-WAIVER OF TERMS AND CONDITIONS

RIGHTS AND REMEDIES

PROHIBITED INTERESTS

THIRD PARTY INTERESTS AND LIABILITIES
SURVIVAL OF RIGHTS AND OBLIGATIONS
SEVERABILITY

MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT

CHOICE OF LAW AND VENUE
GC 1 of 13

1.

General Terms and Conditions

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

PROFESSIONAL ENGINEER STATUS The parties agree that Professional Engineer shall have
the status of and shall perform all work under this contract as a Professional Engineer,
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 Professional Engineer, and nothing in this contract shall create any contractual
relationship between the City of Nashua and Professional Engineer's consultants, sub
consultants, contractors, or subcontractors. The parties also agree that Professional
Engineer 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 Professional Engineer 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 Professional Engineer shall be responsible for the professional
quality, technical accuracy, timely completion, and coordination of all work performed
under this contract. Professional Engineer warrants that all work shall be performed with
the degree of professional skill, care, diligence, and sound practices and judgment that are
normally exercised by recognized professional firms with respect to services of a similar
nature. It shall be the duty of Professional Engineer 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, Professional Engineer 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 Professional Engineer'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
Professional Engineer shall not in any way relieve Professional Engineer 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 Professional Engineer'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 Professional Engineer shall be and remain liable
in accordance with the terms of the contract and applicable law.

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

GC 2 of 13

assigned by Professional Engineer to perform work under this contract. Approved key
personnel shall not be taken off of the project by Professional Engineer without the prior
written approval of the City of Nashua, except in the event of termination of employment.
Professional Engineer 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
Professional Engineer, 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
Professional Engineer's performance under the contract. Professional Engineer 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
Professional Engineer should proceed with any or all of the proposed change. Ifthe change
causes an increase or a decrease in Professional Engineer'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 Professional Engineer for
adjustment under this clause shall be asserted in writing within 30 days of the date the City
of Nashua notified Professional Engineer of the change.

When Professional Engineer seeks changes, Professional Engineer 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 Professional Engineer should proceed with any or all of
the proposed change.

Except as provided in this paragraph, Professional Engineer 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.

Ciry OF NASHUA COOPERATION The City of Nashua agrees that its personnel will
cooperate with Professional Engineer in the performance of its work under this contract
and that such personnel will be available to Professional Engineer 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

GC 3 of 13

Engineer with access to City of Nashua records in a reasonable time and manner and to
schedule items that require action by the Board of Public Works and Finance Committee
in atimely manner. The City of Nashua and Professional Engineer also agree to attend all
meetings called by the City of Nashua or Professional Engineer to discuss the work under
the Contract, and that Professional Engineer may elect to conduct and record such meetings
and shall later distribute prepared minutes of the meeting to the City of Nashua.

DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR DISCREPANCIES
Professional Engineer warrants that it has examined all contract documents, has brought
all conflicts, errors, discrepancies, and ambiguities to the attention of the City of Nashua
in writing, and has concluded that the City of Nashua's resolution of each matter is
satisfactory to Professional Engineer. All future questions Professional Engineer may have
concerning interpretation or clarification of this contract shall be submitted in writing to
the City of Nashua within 10 calendar days of their arising. The writing shall state clearly
and in full detail the basis for Professional Engineer's question or position. The City of
Nashua representative shall render a decision within 15 calendar days. The City of Nashua's
decision on the matter is final. Any work affected by a conflict, error, omission, or
discrepancy which has been performed by Professional Engineer prior to having received
the City of Nashua's resolution shall be at Professional Engineer's risk and expense. At all
times, Professional Engineer shall carry on the work under this contract and maintain and
complete work in accordance with the requirements of the contract or determination of the
City of Nashua. Professional Engineer is responsible for requesting clarification or
interpretation and is solely liable for any cost or expense arising from its failure to do so.

TERMINATION OF CONTRACT

A. TERMINATION, ABANDONMENT, OR SUSPENSION AT WILL. The City of Nashua, in its
sole discretion, shall have the right to terminate, abandon, or suspend all or part of the
project and contract at will. If the City of Nashua chooses to terminate, abandon, or
suspend all or part of the project, it shall provide Professional Engineer 10 day’s written
notice of its intent to do so.

If all or part of the project is suspended for more than 90 days, the suspension shall be
treated as a termination at will of all or part of the project and contract.

Upon receipt of notice of termination, abandonment, or suspension at will, Professional
Engineer shall:

1. Immediately discontinue work on the date and to the extent specified in the notice.

2. Place no further orders or subcontracts for materials, services, or facilities, other
than as may be necessary or required for completion of such portion of work
under the contract that is not terminated.

3. Immediately make every reasonable effort to obtain cancellation upon terms
satisfactory to the City of Nashua of all orders or subcontracts to the extent they
relate to the performance of work terminated, abandoned, or suspended under the
notice, assign to the City of Nashua any orders or subcontracts specified in the
notice, and revoke agreements specified in the notice.

4. Not resume work after the effective date of a notice of suspension until receipt of
a written notice from the City of Nashua to resume performance.

GC 4 of 13