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shall be repeated. The date of final acceptance of a project by the City of Nashua shall be the date
upon which the Board of Public Works or other designated official accepts and approves the
notice of completion.

TAXES Independent Contractor 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. Independent Contractor 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 Independent Contractor 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. Independent Contractor 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 Independent Contractor. If any such interest comes to the attention
of Independent Contractor at any time, a full and complete disclosure of the interest shall be
immediately made in writing to the City of Nashua. Independent 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. Independent Contractor 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 Independent Contractor (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, Independent Contractor shall refund to the City of Nashua any profits realized
under this contract, and Independent Contractor 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.

Independent Contractor warrants that no gratuities (including, but not limited to, entertainment or
gifts) were offered or given by Independent Contractor 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.

New Hampshire Retirement System Medical Subsidy Plan Description

General Information about the OPEB Plan

The following OPEB disclosures for the New Hampshire Retirement Medical Subsidy Plan
are based on an actuarial valuation performed as of June 30, 2019, using a measurement
date of June 30, 2020.

Plan Description
In addition to the OPEB plan discussed previously, the City participates in the New

Hampshire Retirement System (NHRS) Medical Subsidy. The NHRS administers a cost-
sharing, multiple-employer defined benefit postemployment medical subsidy healthcare
plan designated in statute by membership type. The four membership groups are Group I]
Police Officer and Firefighters, Group I Teachers, Group I Political Subdivision Employees
and Group I State Employees. Collectively, they are referred to as the OPEB Plan.

NHRS issues publicly available financial reports that can be obtained by writing to them
at 54 Regional Drive, Concord, New Hampshire 03301-8507 or from their website at
www.nhrs.org.

Benefits Provided

The OPEB Plan provides a medical insurance subsidy to qualified retired members. The
medical subsidy is a payment made by NHRS to the former employer or their insurance
administrator toward the cost of health insurance for a qualified retiree, his/her qualified
spouse, and his/her certifiably dependent children with a disability who are living in the
household and being cared for by the retiree. Under specific conditions, the qualified
beneficiaries of members who die while in service may also be eligible for the medical
subsidy. The eligibility requirements for receiving OPEB Plan benefits differ for Group I
and Group I] members. Group I benefits are based on creditable service, age, and retirement
date. Group II benefits are based on hire date, age, and creditable service.

The OPEB Pian is closed to new entrants. The monthly Medical Subsidy rates are:

1 Person - $375.56

2 Person - $751.12
1 Person Medicare Supplement - $236.84
2 Person Medicare Supplement - $473.68

Contributions

Pursuant to RSA 100-A:16, III, and the biennial actuarial valuation, funding for the
Medical Subsidy payment is via the employer contributions rates set forth by NHRS.
Employer contributions required to cover that amount of cost not met by the members’
contributions are determined by a biennial actuarial valuation by the NHRS actuary using
the entry age normal funding method and are expressed as a percentage of Earnable
Compensation. The City contributed 0.298% of earnable compensation for Group I
employees, 1.81% of earnable compensation for Group I teachers, and 3.66% of earnable
compensation for Group II (fire and police department) members. Employees are not

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THIRD PARTY INTERESTS AND LIABILITIES The City of Nashua and Independent Contractor,
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 Independent Contractor.

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 Independent Contractor. 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.

BIERKELEY
BlurtpINe
GOMPANY

Exhibit B

14 Court Street Building Renovations
Storefront Glazing

Storefront

e Remove and replace with 4 new Kawneer store front entry frames and entrances. 3 single swing
entry doors and fixed units at the far ends. 2 entry doors will be assembled with rimed exit
devices, all entrances will have thresholds, handles, and closers. Doors will have lock sets to
accept owner’s cores to match building master.

e Wrap columns between units with same material as storefront.

e Demolition will include removing the existing storefront, remove and reuse the air handler intake
diffuser, removal and disposal of old exhaust unit and grill.

o Total $18,890.00

Price for this work $18,890.00

248 Main Street 104 Congress Street
Reading, MA 01867 Portsmouth, NH 03801
T. 781.246.3353 F. 781.246.3354 T. 603.433.3353 F. 603.433.3352

| THE CITY OF NASHUA “The Gate City’

Financial Services

Purchasing Department

August 30, 2018
Memo #19-059

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: | 14 COURT STREET BUILDING RENOVATIONS — FIT UP OF VACANT BASEMENT
SPACE (VALUE: $61,348)
DEPARTMENT: 183 ECONOMIC DEVELOPMENT; FUND: BUILDING TRUST FUND

Please see attached communication from Tim Cummings, Director of Economic Development dated
August 14, 2018 for the information related to this purchase.

Pursuant to § 5-78 Major purchases (greater than $10,000) A. All supplies and contractual services,
except as otherwise provided herein, when the estimated cost thereof shall exceed $10,000 shall be
purchased by formal, written contract from the lowest responsible bidder, after due notice inviting bids.

The Director of Economic Development and the Purchasing Department recommend approval of this
purchase in an amount of $61,348 to Berkeley Building Company of Reading, MA.

Res péctiully, Ur)

(fe z LA Loan
“| Dan Kooken

’ Purchasing Manager

Cc: T Cummings J Graziano

229 Main Street e Nashua, New Hampshire 03061 e Phone (603) 589-3330 e Fax (603) 589-3233

®) THE CITY OF NASHUA ae

conomic.Develonment.D i0n.

To: Mayor Donchess, City of Nashua

From: Tim Cummings, Economic Development Division Director
Ce: Janet Graziano, Financial Manager

Date: August 14, 2018

Re: 14 Court Street Building Renovations

Request

The Office of Economic Development requests $61,348.00 for the fit-up and renovation of space on the
basement level of the 14 Court Street building. The amount reflects the deletion of a storefront glazing
option, but adding in a 15% contingency allocation. The contract before you is for a total amount of
$61,348.00 with Berkeley Building Company of Reading, MA of which $53,348 will be used as outlined
in the scope of work provided in the contract.

Background

The building, 14 Court Street, is a former fire station that closed and has since been transitioned into a
cultural asset for The City of Nashua. Currently, 14 Court Street house’s a community theater, Peacock
Players, Symphony NH’s offices, and most recently a family friendly nano-brewery.

The City of Nashua is seeking to complete an interior renovation project in vacant space located in the
basement level of 14 Court Street. The city will improve the quality of the unfinished basement level space
to provide usable workspace for artists, by creating a co-working style environment with multiple
individually rentable art studios.

While following required Purchasing Department protocol for public notification of bid opportunities,
staff took additional steps to identify the most capable companies in the area to execute the renovations.

Bid Selection
The City of Nashua received 3 qualifying bids with Berkeley Building Company being the lowest:

Company Location Price Not Including
Including Storefront
Storefront

Berkeley Building Company | Reading, MA | $72,238 $53,348

D. L. King Nashua, NH $108,238 $83,239

Avatar Construction Salem, NH $117,400 $87,900

Berkeley Building Company was selected based on their low bid for the work. A key difference in price
was the cost of installation of storefront walkout into the lower courtyard. Upon further consideration it
was decided to separate the storefront glazing and treat it as a separate base building improvement, which
needs to occur, but can be treated separately from this project.

CONTRACT FOR INDEPENDENT CONTRACTOR

14 COURT STREET BUILDING RENOVATIONS

A CONTRACT BETWEEN
THE CITY OF NASHUA, 229 MAIN STREET, CITY HALL, NASHUA, NH 03060
AND

Berkeley Building Company, Inc.
(“Independent Contractor”)
NAME AND TITLE OF INDEPENDENT CONTRACTOR

248 MAIN STREET READING, MA 01867
ADDRESS OF INDEPENDENT CONTRACTOR

WHEREAS, the City of Nashua, a political subdivision of the State of New Hampshire, from time
to time requires the services of an Independent Contractor ; and

WHEREAS, it is deemed that the services of an Independent Contractor herein specified are both
necessary and desirable and in the best interests of the City of Nashua; and

WHEREAS, Independent Contractor 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 Work and Associated Fees

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.

2. WORK TO BE PERFORMED Except as otherwise provided in this contract, Independent Contractor
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.

AG 1of3

3. PERIOD OF PERFORMANCE. Independent Contractor shall perform and complete all work within the
time periods set forth and may only be altered by the parties by a written agreement to extend the period
of performance or by termination in accordance with the terms of the contract. Independent Contractor
shall begin performance upon receipt of an Executed Contract and a valid Purchase Order issued from the
City of Nashua.

4, COMPENSATION. Independent Contractor agrees to perform the work for a total cost not to exceed
Dollars ($ 61,348.00)

which, unless otherwise provided in this contract, shall be paid in accordance with the provisions of
Exhibit B or unless Independent Contractor has received a written exemption from the City of Nashua.
Independent Contractor shall submit monthly requests for payment for services performed under this
agreement directly to

City of Nashua, City Hall

Attn: Accounts Payable

229 Main Street

Nashua, NH 03060

To facilitate the proper and timely payment of applications, the City of Nashua requires that all
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 approved
budget. Specifically, Independent Contractor 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 Independent Contractor. The City of
Nashua will pay Independent Contractor 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 and unless approved
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: REPRESENTATIVE:

Tim Cummings, Director Michael Capozzi, Vice President
Economic Development Division Berkley Building Company

229 Main Street 248 Main Street

AG 2 of 3

Nashua, NH 03060 Reading, MA 01867

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 Independent Contractor 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 Donchess, Mayor
(Printed Name and Title) (Printed Name and Title)

Date Date

AG 3 of 3

NAAM FY NM

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EXHIBIT A
TABLE OF CONTENTS
GENERAL CONDITIONS

DEFINITIONS

INDEPENDENT CONTRACTOR 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
CITY 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

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