EXHIBIT C
DEALER PROPOSAL
AS PROVIDED IN PROPOSAL #425 BY MINUTEMAN FIRE & RESCUE APPARATUS INC.
. THE CITY OF NASHUA “The Gate City
Pinanctal Services
Purchasing Department
January 31, 2019
Memo #19-116
TO: MAYOR DONCHESS
FINANCE COMMITTEE
SUBJECT: COMPREHENSIVE LIGHTING DESIGN AND ELECTRICAL PLAN FOR DOWNTOWN
RIVERFRONT (VALUE $100,000)
DEPARTMENT: 181 COMMUNITY DEVELOPMENT; FUND: GENERAL
Please see attached communication from Sarah Marchant, Community Development Division Director,
dated January 29, 2019 for information related to this contract award.
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 Community Development Division Director and the Purchasing Department recommend the award of
this contract to Lumen Studio Inc. of Lowell, MA in an amount of $100,000.
Respectiully
ov ti ALE Ky
- (Dan Kooken
Purchasing Manager
Ce: S. Marchant J. Graziano
229 Main Street « Nashua, New Hampshire 03061 « Phone (603) 589-3330 ® Fax (603) 589-3233 |
City of Nashua Planning and Zoning.
Building Safety
Community Development Division Code Enforcement
City Hall, 229 Main Street, PO Box 2019 Cee grains mission
Nashua, New Hampshire 03061-2019 Transportation
www.nashuanh.gov FAX
589-3095
589-3090
589-3080
589-3100
589-3085
589-3105
880-0100
589-3119
Date: January 29, 219
To: Jim Donchess, Mayor
From: Sarah Marchant, Community Development Director
Re: Finance Committee — Contract with Lumen Studio, Inc for Engineering Services for
Comprehensive Lighting Design and Electrical Plan for Downtown Riverfront
The Downtown Riverfront Master Plan was approved in the fall of 2017 as the comprehensiv
c
vision for Nashua’s downtown riverfront. Moving that plan forward, the City issued RFP 0365-
111918 to engage a lighting design and electrical engineering team to produce a detailed lighting
design and electrical plan for the core downtown riverfront.
The goal of the project is to provide a quality, cost-effective, energy efficient, and low-maintenance
pedestrian scale lighting system to connect the community to their riverfront. The plan should
provide improved public safety; highlight the connectivity of trails, bridges, and walking paths;
provide visual access to the river; and illuminate the beauty and recreational opportunities of th:
river and its riverbanks.
The City received 4 proposals from Colby Co. Engineering, Dwaal Lighting Design, Lumen Studio
and Vincent Lighting Systems. The proposal from Vincent Lighting Systems only included a
lighting design for the Cotton Transfer Bridge, instead of a comprehensive plan and as such was
dropped from further evaluation. The remaining three proposals were evaluated and ranked by a
ce
team consisting of: Jim Donchess, Mayor; Andy Patrician, Assistant DPW Director; Nick Caggiano,
Superintendent of Parks and Rec; Sarah Marchant, CDD Director; and Peter Kohalmi, Engineering.
The criteria for evaluation of each proposal were: 1. Qualifications and experience of the project
team, 2. Past performance and service on similar projects, 3. Proposed approach to the scope of
work, and 4. Cost Proposal.
Based on their experience and expertise, past performance on similar projects, as well as
competitive cost proposal, the team interviewed both Dwaal Lighting Design and Lumen Studio.
The evaluation team ultimately chose Lumen Studio as the preferred contractor due to examples of
past similar projects completed by this firm as well as the detailed approach and scope of work
presented.
The Community Development Division recommends Lumen Studio as the vendor to develop a
Comprehensive Lighting Design and Electrical Plan for the downtown riverfront at a fee of
$100,000.
CONTRACT FOR PROFESSIONAL SERVICES
ENGINEERING SERVICES FOR COMPREHENSIVE LIGHTING DESIGN AND
ELECTRICAL PLAN FOR DOWNTOWN RIVERFRONT
A CONTRACT BETWEEN
THE CITY OF NASHUA, 229 MAIN STREET, NASHUA, NH 03061-2019
AND
LUMEN STUDIO, INC. 175 CABOT ST, SUITE 310, LOWELL, MA 01854
and its successors, transferees and assignees (together “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 Professional Engineer herein specified are both
necessary and desirable and in the best interests of the City of Nashua; and
WHEREAS, Lumen Studio and the Team represented in the Response to RFP#0365-111918 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, Contract Time, Fee Schedule
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 contro! over the terms of
the Proposal.
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.
AG 1 of 3
3. PERIOD OF PERFORMANCE. Professional Engineer 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. 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
One hundred thousand Dollars ($ 100,000.00 }
which, unless otherwise provided in this contract, shall be paid in accordance with the provisions of
Exhibit B or 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 directly to
City of Nashua
Attn: Accounts Payable
PO Box 2019
Nashua, NH 03061-2019
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, 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 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:
AG 2 of 3
CITY OF NASHUA REPRESENTATIVE: LUMEN STUDIO REPRESENTATIVE:
Community Development Division Lumen Studio, Inc
Sarah Marchant, Director Christina L. Andriole, Principal
229 Main Street, PO Box 2019 175 Cabot St, Suite 310
Nashua, NH 03060 Lowell, MA 01854
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) Lumen Studio, Inc. (signature)
James Donchess, Mayor
(Printed Name and Title) (Printed Name and Title)
Date Date
AG3of3
rn VF YS
o
10.
11.
12.
13.
14,
15.
16.
17.
18,
19.
20.
21.
22.
23.
24,
25.
26.
27.
28.
29,
30.
31.
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
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
GC I of 11
GC--2
GC--2
GC--2
GC--3
GC--3
GC--3
GC--3
GC--4
GC--5
GC--6
GC--6
GC--7
GC--7
GC--7
GC--7
GC--8
GC--8
GC--8
GC--9
GC--9
GC--9
GC--10
GC--10
GC--10
GC--10
GC--10
GC--11
GC--11
GC--11
GC--11
GC--11
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, completion in accordance with a mutually agreed upon schedule, and
coordination of all work performed under this contract. Professional Engineer warrants that all
work shail 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 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.
GC 2 of 11
4. 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.
5. 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. If the 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.
6. CITY 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 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 a timely 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.
7. 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
GC 3of ll
Board of Aldermen Page 20
August 9, 2016
Alderman Siegel
No, that is not correct. Anything that is seen by the Finance Committee is public information and we will
see it redacted. We have the opportunity at that meeting to ask questions and vote whether or not we
want to have it redacted and that vote can occur in either public session or non-public session. This
legislation does not mandate whether or not we go into non-public session. | think that would be not in
the spirit of what we are trying to do. | would also point out two separate things; one is that any individual
committee member can inquire of the police department what this might be without then giving away the
information. | would further state that even should expenses be made public, our options for rescinding
those expenses are limited since the Board of Aldermen, by statute, has no control over police
department expenditures. This legislation is there to protect people’s lives. This shouldn't be very
controversial. We scoped it down to where it only applies to one thing.
Alderman Schoneman
How would the Finance Committee review the legitimacy of it? They are going to see a payment that’s
redacted and not know who it’s too but if they had a question about it then they could bring it up, is that
correct?
Alderman Siegel
That would be correct. We have every opportunity to ask questions and have those questions answered
either in public or in a non-public session at the discretion of the committee.
Alderman Schoneman
How has this been handled in the past?
President McCarthy
| believe that all names have been published in the past. | would just hope the right people didn’t read
them.
Alderman Schoneman
If there was a question about a payment that was redacted we could raise the question.
President McCarthy
Yes.
Alderman Moriarty
| am not sure how a Worker’s Compensation payment being redacted protects somebody’s life. | think |
could support this for item #3 but the other two is public money.
Alderman Siegel
First of all, the wage garnishments were part of the original ordinance and the reason is that it is state
level and we are not allowed to reveal that information. The only change to the ordinance that’s been in
effect on the books is to add the additional exclusion for the police department under those
circumstances in which there is reasonable belief that somebody’s life could be in jeopardy.
