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. Nashua

Library

May 2, 2016

To: John Griffin, CFO
From: Jennifer McCormack, Director
RE: RFQO0173-042816 Children’s Room flooring

Mr. Griffin:

The current carpeting in the Children’s room is stained, worn and unsafe due to its poor
condition. The library is replacing this flooring with carpet tiles of the same type recently
installed at City Hall. Included in this project is the moving of stacks and materials in the
Children’s room so the new flooring will extend under all of the stacks.

An invitation for bids (RFQ0173-042816) was sent te 8 vendors and posted on the city’s website
on April 4, 2016. A mandatory pre-bid conference was held on Friday April 8, 2016 and was
attended by representatives fram 2 companies. We received bids from both of those

companies:

Atkinson Carpet $29,715.00
AJ Rose Carpets and Flooring $37,897.19

Based on our evaluation of the proposals | am recommending that Atkinson Carpet be awarded
the contract for this project. Their bid was lower and they have been recommended by Jay
Hunnewell for their work on the carpet installation in City Hall.

This project will be paid for from the library's Lost/Damaged fines account, with installation

expected to occur in July, 2016.

Sincerely,

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

Atkinson

PROPOSAL
May 5, 2016
To: | Nashua Public Library
2 Court Street
Nashua, NH 03060
Attn: Jennifer McCormack

Re: — Children’s Area Carpet Replacement

Thank you for the opportunity to quote this project. We propose the following:

Supply and install 639.86 sq. yds. of Interface carpet tiles in style Top Stitch, color Pewter, and
29.9 sq. yds. of style Viva Colores in colors Ceruleo, Naranja, Rojo, Verde Primavera, and
Amarillo (1 box = 20 tiles of each color) and Johnsonite 4” rubber base in color TBD. Pricing
includes receiving and redelivering materials, rip up and removal of existing materials, minor
floor prep per manufacturer’s specifications, including scrapping up and vacuuming existing
adhesives and filling minor cracks and indentations with Portland based cement, moving and
lifting bookshelves, as well as book removal and replacement, Tactiles and adhesives, freight,

and labor during normal working hours.

TOTAL = $29,715.00
Please call with any questions.
Sincerely,

Andrea Hood

STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR

This agreement is made:

BETWEEN the Owner: City of Nashua, New Hampshire
229 Main Street
Nashua, NH 03060-2019

And the Contractor: Atkinson Carpet
11 Rogers Rd.
Haverhill, MA 01835

and its successors, transferees and assignees (together “Contractor’’)

For the following Project: RFQ0173-042816 Children’s Room flooring at the Nashua Public Library

ARTICLE 1 — THE CONTRACT DOCUMENTS

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

This Agreement signed by the Owner and Contractor, including the General Terms and Conditions;
Scope of Work;

Drawings and Specifications provided in the bid documents;

Change Order Form;

Insurance Certificate;
Written change orders for minor changes in the Work issued after execution of this Agreement; and

Fully Executed Owner Purchase Order

N QAR WN

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 Proposals and the terms of this Agreement, a written
change order and/or fully executed Owner Purchase Order, the terms of this Agreement, the written change
order or the fully executed Owner Purchase Order shall control over the terms of the Proposals

ARTICLE 2 —- DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION DATE

The date of commencement shall be the date of the Notice to Proceed. Substantial Completion shall be
On or before August 30, 2016
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ARTICLE 3 - CONTRACT SUM

Subject to additions and deductions by Change Order, the Owner shall pay Contractor, in accordance with
the Contract Documents, the Contract Sum of:

Twenty Nine Thousand Seven Hundred Fifteen ($29,715 )
The Contract Sum shall include all items and services necessary for the proper execution and completion of
the Work.

ARTICLE 4— INSURANCE AND INDEMNIFICATION

Contractor shall carry and maintain in effect during the performance of services under this contract:

> General liability insurance in the amount of $1,000,000 per occurrence; $2,000,000 aggregate;
> Motor Vehicle Liability: $1,000,000 Combined Single Limit;
*Coverage must include all owned, non-owned and hired vehicles,

> Workers’ Compensation Coverage in compliance with the State of NH Statutes,
$100,000/$500,000/$ 100,000.

Contractor and subcontractors at every tier will fully comply with NH RSA Chapter 281-A,
“Workers’ Compensation”.

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

Withholding of income taxes by the City:

Industrial insurance coverage provided by the City,

Participation in group insurance plans which may be available to employees of the City;
Participation or contributions by either the independent contractor or the City to the public
employee’s retirement system;

. Accumulation of vacation leave or sick leave provided by the City;

6. Unemployment compensation coverage provided by the City.

BWNe

Contractor will provide the Owner with certificates of insurance for coverage as listed below and
endorsements affecting coverage required by the contract within ten calendar days after the City issues the
notice of award. The Owner requires thirty days written notice of cancellation or material change in
coverage. The certificates and endorsements for each insurance policy must be signed by a person
authorized by the insurer and who is licensed by the State of New Hampshire. Generai Liability and Auto
Liability policies must name the Owner as an additional insured and reflect on the certificate of
insurance. Contractor is responsible for filing updated certificates of insurance with the Owner's Risk
Management Department during the life of the contract.

> All deductibles and self-insured retentions shall be fully disclosed in the certificate(s) of insurance.

> If aggregate limits of Jess than $2,000,000 are imposed on bodily injury and property damage,
Contractor must maintain umbrella liability insurance of at least $1,000,000. All aggregates must
be fully disclosed on the required certificate of insurance.

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> The specified insurance requirements do not relieve Contractor of its responsibilities or limit the
amount of its liability to the City or other persons, and Contractor is encouraged to purchase such
additional insurance, as it deems necessary.

> The insurance provided herein is primary, and no insurance held or owned by the Owner shall be
called upon to contribute to a loss.

> Contractor is responsible for and required to remedy all damage or loss to any property, including
property of the City, caused in whole or part by Contractor or anyone employed, directed, or
supervised by Contractor.

Regardless of any coverage provided by any insurance, Contractor agrees to indemnify and shall defend
and hold harmless the City, its agents, officials, employees and authorized representatives and their
employees from and against any and all suits, causes of action, legal or administrative proceedings,
arbitrations, claims, demands, damages, liabilities, interest, attorney’s fees, costs and expenses of any
kind or nature in any manner caused, occasioned, or contributed to in whole or in part by reason of any
negligent act, omission, or fault or willful misconduct, whether active or passive, of Contractor or of
anyone acting under its direction or control or on its behalf in connection with or incidental to the
performance of this contract. Contractor’s indemnity, defense and hold harmless obligations, or
portions thereof, shall not apply to liability caused by the sole negligence or willful misconduct of the
party indemnified or held harmless.

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General Terms and Conditions

ARTICLE 5 —- 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 construction and services required by the Contract Documents, and
include all other labor, materials, equipment and services provided by the Contractor to fulfill the
Contractor’s obligations.

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

4. In the case of a discrepancy, calculated dimensions will govern over scaled dimensions, Contract
Drawings will govern over Standard Specifications, and Technical Specifications will govern over
both Contract Drawings and Standard Specifications. In the case of a discrepancy between the
Agreement and other Contract Documents, the more specific or stringent obligation or requirement
to the benefit of the Owner shall take precedence.

5. The Contractor shall take no advantage of any apparent error or omission in the Contract Drawings
or Technical Specifications, and the Engineer will be permitted to make such corrections and
interpretations as may be deemed necessary to fulfill the intent of the Contract Documents.

ARTICLE 6 —- OWNER

1. Except for permits and fees, which are the responsibility of the Contractor under the Contract
Documents, the Owner shall obtain and pay for other necessary approvals, easements, assessments
and charges.

2. Ifthe Contractor fails to correct Work that is not in accordance with the Contract Documents, the
Owner may direct the Contractor in writing to stop the Work until the correction is made.

3. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract
Documents and fails within a seven day period after receipt of written notice from the Owner to
correct such default or neglect with diligence and promptness, the Owner may, without prejudice to

’ other remedies, correct such deficiencies. In such case, a Change Order shall be issued deducting
the cost of correction from payments due the Contractor.

4. The Owner reserves the right to perform construction or operations related to the project with the

Owner’s own forces, and to award separate contracts in connection with other portions of the

project.

The Contractor shall coordinate and cooperate with separate Contractors employed by the Owner.

6. Costs caused by delays or by improperly timed activities or defective construction shall be borne by
the responsible party.

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ARTICLE 7 - CONTRACTOR

1. Execution of the Contract by the Contractor is a representation that the Contractor 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.

2. The Contractor shall carefully study and compare the Contract Documents with each other and with
information furnished by the Owner. Before commencing activities, the Contractor shall: (1) take
field measurements and verify field conditions; (2) carefully compare this and other information
known to the Contractor with the Contract Documents; and (3) promptly report errors,
inconsistencies or omissions discovered to the Owner.

3. The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention.
The Contractor shall be solely responsible for and have control over construction means, methods,
techniques, sequences and procedures, and for coordinating all portions of the Work.

Page 4 of 10

4, The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the
Owner the names of subcontractors or suppliers for each portion of the Work. The Owner will
promptly reply to the Contractor in writing if, after due investigation, he has reasonable objection to
the subcontractors or suppliers listed,

5. Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for
labor, materials, equipment, tools, utilities, transportation, and other facilities and services
necessary for proper execution and completion of the work.

6. The Contractor shall deliver, handle, store and install materials in accordance with manufacturers’
instructions.

7. The Contractor warrants to the Owner that (1) materials and equipment furnished under the contract
will be new and of good quality unless otherwise required or permitted by the Contract Documents;
(2) the Work will be free from defects not inherent in the quality required or permitted; and (3) the
Work will conform to the requirements of the Contract Documents.

8. The Contractor shall pay sales, consumer, use and similar taxes that are legally required when the
Contract is executed.

9. The Contractor shall obtain and pay for the building permit and other permits and governmental
fees, licenses and inspections necessary for proper execution and completion of the Work.

10. The Contractor shall comply with and give notices required by agencies having jurisdiction over the
Work. If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances
building codes, and rules and regulations without notice to the Owner, the Contractor shal] assume
full responsibility for such Work and shall bear the attributable costs. The Contractor shall promptly
notify the Owner in writing of any known inconsistencies in the Contract Documents with such
governmental laws, rules and regulations.

11. The Contractor shall promptly review, approve in writing and submit Shop Drawings, Product
Data, Samples and similar submittals required by the Contract Documents. Shop Drawings,
Product Data, Samples and similar submittals are not Contract Documents.

12. The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits,
the Contract Documents and the Owner.

13. The Contractor shall be responsible for cutting, fitting or patching required completing the Work or
to make its parts fit together properly.

14. The Contractor shall keep the premises and surrounding area free from accumulation of debris and
trash related to the Work.

15. Contractor warrants and guarantees to Owner, for years, upon completion of work, that all Work
will be in accordance with the Contract Documents and will not be defective. Contractor’s warranty
and guarantee hereunder excludes defects or damage caused by:

& Abuse, modification, or improper maintenance or operation by persons other than
Contractor, Subcontractors, Suppliers, or any other individual or entity for whom
Contractor is responsible; or

e Normal wear and tear under normal usage.

ARTICLE 8 - CHANGES IN THE WORK

1. After execution of the Contract, changes in the Work may be accomplished by Change Order or by
order for a minor change in the Work. The Owner, 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.

2, A Change Order shall be a written order to the Contractor signed by the Owner to change the Work,
Contract Sum or Contract Time.

3. Change Order requests must include material and equipment cost plus labor with a profit margin of
no more than 10%. Change Orders may require approval by the Owner Board of Public Works and
the Owner Finance Committee vote prior to proceeding.

4. The Owner will have authority 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.

Page 5 of 10

Such changes shall be written orders and shall be binding on the Owner and Contractor. The
Contractor shall carry out such written orders promptly:

If concealed or unknown physical conditions are encountered at the site that differ materially from
those indicated in the Contract Documents or from those conditions ordinarily found to exist, the
Contract Sum and Contract Time shall be subject to equitable adjustment following authorization of
the Owner to the charges.

ARTICLE 9 — TIME

1,
2.

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

If the Contractor is delayed at any time in progress of the Work by changes ordered in the Work, or
by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond
the Contractor’s control, the Contract Time shall be extended by Change Order for such reasonable
time as may be determined.

ARTICLE 10 — PAYMENTS AND COMPLETION

1,

The Contract Sum stated in the Agreement, including authorized adjustments, is the total amount
payable by the Owner to the Contractor for performance of the Work under the Contract
Documents.

At least ten days before the date established for each progress payment, the Contractor shall submit
an itemized Application for Payment for operations completed in accordance with the values stated
in the Agreement. Such application shall be supported by such data substantiating the Contractor’s
right to payment as the Owner may reasonably require.

Application for Payment performed under this agreement shall be submitted directly to:

City of Nashua
Accounts Payable

PO Box 2019

Nashua, NH 03061-2019
Attn:

To facilitate the proper and timely payment of applications, the Owner requires that all
applications contain a valid PURCHASE ORDER NUMBER.

The Contractor warrants that title to all Work covered by an Application for Payment will pass to
the Owner no later than the time of payment. The Contractor further warrants that upon submittal
of an Application for Payment, all Work for which Certificates for Payment have been previously
issued and payments received from the Owner shall, to the best of the Contractor’s knowledge,
information and belief, be free and clear of liens, claims, security interests or other encumbrances
adverse to the Owner’s interests.

OWNER shall make payments on the basis of Contractors Application for Payment, approximately
30 days from the time the final payment application is received by the Owner, depending upon the
timing of submittals and approvals.

The Contractor shall promptly pay each Subcontractor and material supplier out of the amount paid
to the Contractor on account of such entities’ portion of the Work.

The Owner shall have no responsibility for the payment of money to a Subcontractor or material
supplier.

An Application for Payment, a progress payment, or partial or entire use or occupancy of the
project by the Owner shall not constitute acceptance of Work not in accordance with the
requirements of the Contract Documents.

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 Owner
can occupy or utilize the Work for its intended use. .

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10. When the Work or designated portion thereof is substantially complete, the Contractor and Owner
shall establish responsibilities for completion and shall fix the time within which the Contractor
shall finish all items on the list accompanying the Certificate. Warranties required by the Contract
Documents shall commence on the date of Substantial Completion of the Work or designated
portion thereof unless otherwise provided in the Certificate of Substantial Completion.

11. Upon receipt of a final Application for Payment, the Owner will inspect the Work. When he finds
the Work acceptable and the Contract fully performed, the Owner will promptly issue a final
Certificate for Payment.

12. Acceptance of final payment by the Contractor, a Subcontractor or material supplier 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 Application for Payment.

ARTICLE 11— PROTECTION OF PERSONS AND PROPERTY

1. The Contractor 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.
The Contractor shall promptly remedy damage and loss to property caused in whole or in part by
the Contractor, or by anyone for whose acts the Contractor may be liable.

ARTICLE 12 —- CORRECTION OF WORK

1. The Contractor shall promptly correct Work rejected by the Owner as failing to conform to the
requirements of the Contract Documents. The Contractor shall bear the cost of correcting such
rejected work

2. In addition to the Contractor’s other obligations including warranties under the Contract, the
Contractor shall, for a period of one year after Substantial Completion, correct work not
conforming to the requirements of the Contract Documents.

3. Lf the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may
correct it and the Contractor shall reimburse the Owner for the cost of the correction.

ARTICLE 13 — PROHIBITED INTERESTS

Contractor 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. Contractor 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 the Contractor. Contractor 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. Contractor further warrants that no
person having such an interest shall be employed in the performance of this contract. If any such interest
comes to the attention of Contractor at 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 14 —- TERMINATION OF THE CONTRACT

1. Termination, Abandonment, Or Suspension At Will. The Owner, in its sole discretion, shall
have the right to terminate, abandon, or suspend all or part of the project and contract at will. Ifthe
Owner chooses to terminate, abandon, or suspend all or part of the project, it shall provide
Contractor 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 that part of the project and contract.

Upon receipt of notice of termination, abandonment, or suspension at will, Contractor shall:
a. Immediately discontinue work on the date and to the extent specified in the notice.

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b. Provide the Owner with a list of all unperformed services.

c. Place no further orders or sub-contracts 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.

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

e. Not resume work after the effective date of a notice of suspension until receipt of a written
notice from the Owner to resume performance.

In the event of a termination, abandonment, or suspension at will, Contractor shall receive all amounts due
and not previously paid to Contractor for work satisfactorily completed in accordance with the contract
prior to the date of the notice and compensation for work thereafter completed as specified in the notice. No
amount shall be allowed or paid for anticipated profit on unperformed services or other unperformed work.

2. Termination for Cause. This agreement may be terminated by the Owner on 10 calendar day’s
written notice to Contractor in the event of a failure by Contractor to adhere to any or all the terms
and conditions of the contract or for failure to satisfactorily, in the sole opinion of the Owner, to
complete or make sufficient progress on the work in a timely and professional manner. Contractor
shall be given an opportunity for consultation with the Owner prior to the effective date of the
termination. Contractor may terminate the contract on 10 calendar days written notice if, through
no fault of Contractor, the Owner fails to pay Contractor for 45 days after the date of approval by
the Owner of any Application for Payment.

Upon receipt of notice of termination for cause, Contractor shall:

a. Immediately discontinue work on the date and to the extent specified in the notice.
b. Provide the Owner with a list of all unperformed services.
c. Place no further orders or sub-contracts 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.

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

e. Not resume work after the effective date of a notice of termination unless and until receipt
of a written notice from the Owner to resume performance.

In the event of a termination for cause, Contractor shall receive all amounts due and not previously paid to
Contractor for work satisfactorily completed in accordance with the contract prior to the date of the notice,
less all previous payments. No amount shall be allowed or paid for anticipated profit on unperformed
services or other unperformed work. Any such payment may be adjusted to the extent of any additional
costs occasioned to the Owner by reasons of Contractor's failure. Contractor shall not be relieved of liability
to the Owner for damages sustained from the failure, and the Owner may withhold any payment to the
Contractor until such time as the exact amount of damages due to the Owner is determined. All claims for
payment by the Contractor must be submitted to the Owner within 30 days of the effective date of the notice
of termination.

If after termination for the failure of Contractor to adhere to any of the terms and conditions of the contract
or for failure to satisfactorily, in the sole opinion of the Owner, to complete or make sufficient progress on
the work in a timely and professional manner, it is determined that Contractor had not so failed, the
termination shall be deemed to have been a termination at will. In that event, the Owner shall, if necessary,
make an adjustment in the compensation paid to Contractor such that Contractor receives total
compensation in the same amount as it would have received in the event of a termination-at-will.

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