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City of Nashua, NH

Wireless Communications Division
C/O William Mansfield
PO Box 785
Nashua NH 03061-0785
603-594-3521 Fax: 603-594-3615

September 7, 2016

Mr. Daniel Kooken

Purchasing Manager, City of Nashua
229 Main Street

Nashua, NH 03061-2019

Mr. Kooken,

Dear Mr. Kooken,

On September 1, 2016, Request for Proposals were received and opened from prospective
vendors to purchase a concrete shelter that will house the new generator at the Shakespeare
Road communications site. (RFP0259-090116) The proposals were requested to construct a
10° x 12’ Concrete Shelter, install the newly purchased generator, deliver the building and

generator and set up on site.
Proposals received were from:

CMS Concrete Modular Systems St Petersburg, FL $49.995.09 (complete)
CELLSITE Solutions LLC Cedar Rapids, IA Used 12x16 $44, 430.00 (complete)
Thermobond Buildings Elk Point, SD $44,608 (no offload or set-up pricing)
Fibrebond Minden, LA $53,125 (complete)

VFP, Inc Salem, VA $38,645.00 (complete)

Some of the proposals included complete pricing for the entire project and others listed some of
the pricing as options for tramsportation, crane reftal and field set-up. The ioiais above inciude
all costs associated with the respective proposals. After careful review it was determined that
the lowest price was received from VFP, Inc of Salem, VA. Contact was made with VFP inc.
and we requested additional pricing for Field Setup, and updated pricing to Change the lighting
to LED and adding a motion sensor. Attached is the pricing with these additions and
adjustments. The price above reflects the total price including these items. This Building also
comes with a 10 Year Warranty, See attached.

The Communications Division and the Radio Committee recommends awarding the contract to
VEFP, Inc. of Salem, VA in the amount of $38,645.00. This proposal appears to meet all of the
specifications listed in RFPO259-090116. Funding is available in 57.5050 81300
2008.57.15.01 81300 Capital Improvements Machinery and Equipment.

Sincerely,

William Mansfield

Radio Systems Manager
City of Nashua

VEP, Inc.

1701 Midland Road ( Salem, Virginia24153 § Phone §40.977.0500 [ Fax 540.977.5555 [ 9 www.vinine.com

Mr. William Mansfield

Radio Systems Manager
Communications Division

PO Box 785

Nashua, New Hampshire 03061-0785

September 12, 2016

Quote Number: NASHUA-1

Ref: Call for adder pricing items

Bill,

Additional.pricing options for Nashua, NH 10x12 generator room shelter

Per your request, we have provided some additional adder pricing for a few optional items as discussed over

the phone. The field services shelter setup price would cover VFP installation at site of items removed for
shipment and shelter tie down to the customer provided foundation.

Currently proposed NASHUA-1 Shelter Quote 526.939.00
Transportation $4,368.00 as per quote
110 Crane for Off-Load $3,772.00 as per quote
adder options:

VFP Field Services Setup $3,000.00

Interior Motion Sensor $ 190.00

Interior LED lighting S$ 376.00

TOTAL: 538,645.00

| appreciate your time, and if you have any questions or would like additional information on our products, | can
be reached at 540-977-0500 or via email bcox@vfpinc.com. Please feel free to visit our website at

www.vipinc.com.

Sincerely,

Bryan Cox
Business Development Manager

[WEP] VFP]

VFP, Inc.
Limited Ten Year Warranty

VFP, Inc. warrants to the original purchaser of VFP’s lightweight metal or concrete buildings and,
except as set forth below, all component parts and systems of those buildings which are manufactured or
installed by VFP (for example, air conditioning and heating systems) shall be free from defects in
workmanship and materials for a period of one (7) year from the date of delivery of building to the original
purchaser. “Date of Delivery’ is deemed, for all purposes, to be the date of the final invoice from VFP to
the original purchaser upon completion of the manufacture of the building (not to include field service or

transportation).

Additionally, VFP warrants the building from structural defects in workmanship and materials for a
period of ten (70) years from the date of completion as defined herein. This extended portion of the
warranty applies only to the building's structure and does not apply to any of the building's component
parts or systems.

A structural defect is defined as structural damage due to improper workmanship or methodology
resulting in a crack in the exterior finish, a water leak into the building, or latent damage to structural
members. However, a crack, water leak or latent damage shall not be deemed a structural defect, and
covered by this Warranty if caused in whole or in part by physical damage from any source, abuse,
improper use, improper installation of facilities or equipment by anyone other than VFP, fire, or act of God.
Conditions caused by, or resulting from, normal wear and tear are not covered by this Warranty.

Date of completion is defined as the date of completed building construction and the building is
ready for delivery to the original purchaser. This information is provided on a building data plate located
on the interior side of the exterior door. Removal of, or tampering with, this data plate will void any and all

warranties.

VFP does not make any warranty with respect to component parts and systems in the building
beyond one year from the date of delivery regardless of the actual duration of the warranty made or
provided by the manufacturers of the component parts and systems. However, VFP will assign, and by
this Warranty it so hereby assigns, to the original purchaser any warranty rights of VFP for the
manufacturers of the component parts and systems.

This limited Warranty shall not apply, and no warranty whatsoever is made with respect, to any
component parts or systems installed by anyone to other than VFP or to any component parts or systems
supplied directly or indirectly by the original purchased, whether or not actually installed VFP. VFP makes
no warranty with respect to component parts and systems specially ordered and/or sent by original
purchaser to VFP for installation in the customization of any building for the purchaser.

VFP shall not be liable for any consequential damages resulting form the breach of any
warranties. in no event will VFP be liable for any damages caused by original purchaser’s improper use,
handling or maintenance of the building or any of its components parts or systems, or for any lost profits or
for damage to property and good stored within the building or for any other consequential damages,
regardless of the form of action, whether in contract or in tort, including negligence, even if VFP has been
advised of the possibility of such damages, or for any claim against the original purchaser by any other
party. VFP's shall be limited to repair or replacement, at or option, of the warranted building, component
parts or system. Purchasers, repair of warranty item without prior authorization for VFP will void this

warranty.

The customer shall adhere to VFP's standard building start-up procedures which are provided
with each building. The customer shall also perform periodic maintenance and inspection of each building
in accordance with recommended procedures and shall maintain written logs of all maintenance and

inspections.

VEP, Inc.
Warranty
Page 2 of 2

Written logs shall include notification as to any modifications to the building that could affect the
structure or building integrity. Such modifications would include, but not limited to, any penetration of
exterior walls, ceiling, floor, or protective exterior coatings.

In no event shall VFP be liable for any damage caused by the purchaser's improper handling,
maintenance or other modification of the building or component parts or systems as outlined in this limited
warranty.

Maintenance, inspection, and modification logs may be required to be available during normal
business hours for review if needed by VFP personnel or its designated representative.

NON-WARRANTY

THERE ARE NO OTHER WARRANTIES OTHER THAN THOSE SPECIALLY SET FORTH HEREIN AND
THERE ARE NO WARRANTIES TO ANYONE OTHER THAN THE ORIGINAL PURCHASER. TO THE
EXTENT ALLOWED BY LAW, THIS WARRANTY IS IN PLACE OF ALL OTHER WARRANTIES
(WHETHER EXPRESSED, IMPLIED, OR STATUTORY) INCLUDING WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

\ THE CITY OF NASHUA ‘The Gate City"

Financtal Services

Purchasing Departorent

September 15, 2016
Memo #17-054

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: | HERITAGE RAIL TRAIL ELECTRICAL INSTALLATION (VALUE: NOT TO EXCEED
$67,000)
DEPARTMENT: 177 PARKS & RECREATION; FUND: CAPITAL
ACTIVITY: RAIL TRAIL LIGHTING

Please see the attached communication from Stephen Dookran, P.E., City Engineer, dated August 25,
2016 for the information related to this purchase.

Pursuant to § 5-84 Special purchase procedures A. The competitive bidding process shall not apply to
the following special purchase. (5) Purchases from a sole manufacturer, where it is determined to be
more efficient and economical to reduce costs of maintenance of additional repair parts, supplies or

services.

The City Engineer, Board of Public Works (8/25/2016 meeting) and the Purchasing Department
recommend this contract award in an amount not to exceed $67,000 to Johnson’s Electric Supply, Inc.

of Nashua, NH.

Respectfully,

oF —

‘Dan Kooken
Purchasing Manager

Cc: S Dookran L Fauteux

229 Main Street e Nashua, New Hampshire 03061 Phone (603) 589-3330 | Fax (603) 589-3344 |
\

To:

From:

Re:

B. Motion:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: August 25, 2016

Stephen Dookran, P.E., City Engineer
Engineering Department

Heritage Rail Trail Electrical Installation

To approve to the construction contract for electrical services to Johnson’s Electric
Supply, Inc. of Nashua in an amount not to exceed $67,000. Funding will be through:
Department 177 Parks & Recreation; Fund: Capital; Activity: Rail Trail Lighting

The City is replacing 32 solar-powered lights on the Nashua Heritage Rail Trail between
Main St and Eaton St. with pole-mounted LED luminaries wired overhead. Johnson’s
Electric Supply, Inc. has been solicited to provide electrical services that include
installation of the concrete poles and meter poles, and wiring and connecting the King
Luminaire LED luminaires including assembling the lighting, arm and poles and weather
heads.

Engineering is continuing to negotiate final cost with Johnson’s, who has submitted a
proposal for $67,000 to complete this work. This is a “sole-source” award
recommendation for the following reasons:

e The City was satisfied with Johnson’s Electric Supply’s performance for the Main
Street Sidewalk Improvement project

e They have worked with the exact luminaires on Main St.

e They have consistently been lowest bidder on City projects.

e They demonstrated their willingness to work cooperatively with the City.

e They were selected for the on-call/electrical repair services for the Main Street
Improvements project.

e They are flexible.

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: Johnson’s Electric

and its successors, transferees and assignees
(together “CONTRACTOR’”)

For the following Project: Rail Trail Lighting Installation

ARTICLE 1 - THE CONTRACT DOCUMENTS

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

1.
2.
3.
4,

5.

This Agreement signed by the OWNER and CONTRACTOR, including the General
Terms and Conditions;

Scope of Work;

Insurance Certificate;

Written change orders for minor changes in the Work issued after execution of this

Agreement; and
Fully Executed OWNER Purchase Order

The Contract represents the entire and integrated agreement between ihe 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

Page 1 of 12

ARTICLE 2 —- DATE OF COMMENCEMENT
The date of commencement shall be the date of the Notice to Proceed.
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:

Dollars ($ )
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;
*Coveraze 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, or subcontractor’s. The only contractual relationship created by this contract is
between the OWNER and CONTRACTOR, and nothing in this contract shall create any
contractual relationship between the OWNER and CONTRACTOR’s consultants, sub
consultants, or subcontractor’s. The parties also agree that CONTRACTOR is not an OWNER
employee and that there shall be no:

1. Withholding of income taxes by the OWNER:

2. Industrial insurance coverage provided by the OWNER;

3. Participation in group insurance plans which may be available to employees of the
OWNER;

4. Participation or contributions by either the independent CONTRACTOR or the OWNER
to the public employee’s retirement system;

5. Accumulation of vacation leave or sick leave provided by the OWNER;

6. Unemployment compensation coverage provided by the OWNER.

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 OWNER 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

Page 2 of 12

New Hampshire. General 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 less 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.

> The specified insurance requirements do not relieve CONTRACTOR of its
responsibilities or limit the amount of its liability to the OWNER 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 OWNER, 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 OWNER, 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, ofp 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.

Page 3 of 12