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Finance Committee - Agenda - 11/18/2020 - P27

By dnadmin on Mon, 11/07/2022 - 13:24
Document Date
Fri, 11/13/2020 - 12:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 11/18/2020 - 00:00
Page Number
27
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__111820…

THE CITY OF NASHUA “The Gate City"

Adwunistrative Services
Purchasing Department

November 12, 2020
Memo #21-048

TO: Mayor Donchess
Finance Committee

SUBJECT: Protective Clothing & Equipment Funded From FY21 Operating Budger/61110 Protective
Clothing

Please see attached communications from James Kirk, Deputy Fire Chief, dated October 24, 2020 for
project specific details related to this purchase. Below please find a summary of the purchase approval
request:

Item: 10 sets of Personal Protective Clothing/Equipment
Value: $25,848.70
Vendors: Bergeron Protective Clothing

Department: 152 Fire Rescue
Source Fund: 61110 Protective Clothing

Ordinance: Pursuant to § 5-84 Special purchase procedures A/(3) Purchases which can be
procured through cooperative intergovernmental purchase agreements with
other governmental jurisdictions.

Nashua Fire Rescue, and the Purchasing Department respectfully request your approval of this contract.

Regards,
Kelly Parkinson

Purchasing Manager

Ce: J Graziano
S Buxton

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

Page Image
Finance Committee - Agenda - 11/18/2020 - P27

Finance Committee - Agenda - 11/18/2020 - P28

By dnadmin on Mon, 11/07/2022 - 13:24
Document Date
Fri, 11/13/2020 - 12:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 11/18/2020 - 00:00
Page Number
28
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__111820…

BERGERON

PROTELTIVE CLOTHING
We vee liability company

1024 Suncook Valley Hwy., Unit 5-D
Epsom NH, 03234

TEL: 603.736.8500
www.BergeronProtectiveClothing.com

Bill To

Nashua Fire Rescue
Deputy Chief Jim Kirk
70 East Hollis Street
Nashua NH 03060-0306

QUOTATION

Doc. Date : 10/24/2020
Payment Terms : NET30
Valid Until: 06/30/2021

Customer PO:
Salesperson : Maureen Gnecco
Page: Page 1 of 2

Ship To:

Deputy Chief Jim Kirk
70 E Hollis Street
Nashua NH 03060-0306

7/1120 -6/30/21 Globe GXCEL Jacket and Harness Ready pants with Advance outer Shell.
Annual price increase not to exceed 5% from 7/1/18 to 6/30/22.

Quantity Style

Description Unit Price Your Cost

10 D27LMB
Color: Gold

Globe G-Xcel Jacket, Advance * Contains PEAS Chemicals 1,136.66 11,366.60

-Glide Ice 2 layer thermal liner Thermal Liner

-Stedair 3000 Moisture barrier

-3-inch Lime/yellow triple trim NYC style(officers red/orange)
-3-inch Scotchiite letters arched row B: "NASHUA"

-Snaps in/Hook and Dee out closure

-2 x 8 x 8 semi expansion pockets with fleece handwarmers
-Full Kevlar lined pockets

-Sunlance Flashlight holder-right chest

-Self mic strap above utility pocket LC

-Nomex wrister with thumb loop

-Utility pocket 2x4x8 left chest-lined with Keviar

-Self mic strap on stormflap, top slanted towards leftside
-Black Gemini XT cuffs

-Crosstech adjustable sleeve wells

Letter, 3" Scotchlite 3.00 300.00
Add last name to tail of jacket or rank to jacket. Letters sewn directly onto jacket
(officers are red/orange)
"DEPUTY CHIEF" two lines, row E + F (rank for Chief officers only)
Subtotal: $11,666.60
Globe GPS IH Pant, Advance - Contains PFAS 964.69 9,646.90

Color: Gold

“Notice: Products marked as
available on turnout gear purchases. Prices quoted do not include shipping and handling. Shipping is FOB factory. This quote is based on current
Prices, subject to change by Manufacturer without notice. TERMS NET 30 Days. Add 3%
additional handling charges. Late fee 2% per mo. $25 returned check fee MC/ Visa /Discover accepted.

‘Contains PFAS Chemicals’ are considered notification; pursuant to NH Law 154:8-c Firefighting PPE, Financing options

fee when paying via credit card. Exchanges may incur

Page Image
Finance Committee - Agenda - 11/18/2020 - P28

Finance Committee - Agenda - 11/18/2020 - P29

By dnadmin on Mon, 11/07/2022 - 13:24
Document Date
Fri, 11/13/2020 - 12:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 11/18/2020 - 00:00
Page Number
29
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__111820…

From: BERGERON PROTECTIVE CLOTHING LLC

Document No.: 208075

To: Nashua Fire Rescue Doc. Date: 10/24/2020
Quantity Style Description Unit Price Your Cost
-Glide Ice 2 layer Thermal Liner
-Stedair 3000 Moisture Barrier
-3-inch Lime/yellow triple trim at cuff
(officers red/orange)
-Zipper/Velcro fly closure
-Wide belt loops w Nomex belt closure
-Right pocket rope pocket
-Kevlar lined 2 x 10 x10 expansion pockets
-Dragon hide knees
-Silizone padded knees sewn on liner
-2x10x10 pockets
-Black padded rip cord suspenders
-Black Gemini XT self cuffs
10 1201400-G Globe Supreme 14" Pull On Mens Boot - Contains PFAS 435.00 4,350.00
Subtotal 25,663.50
Shipping & Handling 185.20
Total 25,848.70

“Notice: Products marked as ‘Contains PFAS Chemicals’ are considered notification; pursuant to NH Law 154:8-c Firefighting PPE, Financing options
available on turnout gear purchases, Prices quoted do not include shipping and handling. Shipping is FOB factory. This quote is based on current

prices, subject to change by Manufacturer without notice. TERMS NET 30 Days. Add 3% fee when paying via credit card. Exchanges may incur
additional handling charges. Late fee 2% per mo. $25 returned check fee MC/ Visa /Discover accepted.

Page Image
Finance Committee - Agenda - 11/18/2020 - P29

Finance Committee - Agenda - 11/18/2020 - P30

By dnadmin on Mon, 11/07/2022 - 13:24
Document Date
Fri, 11/13/2020 - 12:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 11/18/2020 - 00:00
Page Number
30
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__111820…

Nashua Fire Rescue Deputy Chief James W. Kirk

: Nashua Fire Rescue
70 East Hollis Street (603) 594-3645

Nashua, NH 03060 Kirki@nashuanh.gov
www.nashuafire.com

To: Assistant Chief of Department Steve M. Buxton
From: Deputy Chief James W. Kirk

Re: PPE Procurement

Date: October 24, 2020

Assistant Chief Buxton,

I am requesting permission to move forward with the procurement of ten (10) sets of Personal
Protective Equipment (PPE) from Bergeron Protective Clothing. The quoted price per set is
$2,566.35 for a total of $25,848.70 including shipping.

The ten (10) sets will be issued to existing members consistent with our current replacement schedule.
I have included the specifications for the PPE that will be manufactured by Globe Manufacturing, a
New Hampshire company.

Respectfully, ~

) W/L

James W. Kirk
Deputy Chief

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Finance Committee - Agenda - 11/18/2020 - P30

Finance Committee - Agenda - 11/18/2020 - P31

By dnadmin on Mon, 11/07/2022 - 13:24
Document Date
Fri, 11/13/2020 - 12:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 11/18/2020 - 00:00
Page Number
31
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__111820…

R-20-093

RESOLUTION

APPROVING THE GUARANTEED MAXIMUM PRICE AMENDMENT FOR THE
PERFORMING ARTS CENTER

CITY OF NASHUA

In the Year Two Thousand and Twenty

WHEREAS, on January 16, 2019, the City of Nashua Finance Committee awarded the
Standard Form of Agreement between Owner and Construction Manager as Contractor where the
basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price for the
Performing Arts Center to Harvey Construction Corporation (Harvey); and

WHEREAS, Harvey has submitted the attached Guaranteed Maximum Price Amendment
to the Standard Form of Agreement between Owner and Construction Manager as Contractor
where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum
Price for consideration.

NOW THEREFORE, BE IT RESOLVED by the Board of Aldermen of the City of
Nashua that the City is authorized to enter into a Guaranteed Maximum Price Amendment to the
Standard Form of Agreement between Owner and Construction Manager as Contractor where the
basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price with
Harvey in substantially the form attached.

FURTHER RESOLVED by the Board of Aldermen of the City of Nashua that the
Mayor, with the assistance of the Office of Corporation Counsel, is authorized to prepare and
execute all necessary documents related to the Guaranteed Maximum Price Amendment.

Page Image
Finance Committee - Agenda - 11/18/2020 - P31

Finance Committee - Agenda - 11/18/2020 - P32

By dnadmin on Mon, 11/07/2022 - 13:24
Document Date
Fri, 11/13/2020 - 12:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 11/18/2020 - 00:00
Page Number
32
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__111820…

RESOLUTION:

PURPOSE:

SPONSOR(S):

COMMITTEE
ASSIGNMENT:

FISCAL NOTE:

LEGISLATIVE YEAR 2020
R-20-093

Approving the Maximum Price Amendment for the
Performing Arts Center

Mayor Jim Donchess

Finance Committee

The Guaranteed Maximum Price to construct the Preforming
Arts Center, guaranteed by the Construction Manager, is
$15,821,890, subject to additions and deductions through the
Change Order process.

ANALYSIS

This legislation approves the Guaranteed Maximum Price amendment for the construction of the

Performing Arts Center.

Approved as to account
structure, numbers and
amount:

Approved as to form:

Financial Services Division

By: /s/ John Griffin

Office of Corporation Counsel
By:

Date: Net 4 , BOIO)

Page Image
Finance Committee - Agenda - 11/18/2020 - P32

Finance Committee - Agenda - 11/18/2020 - P33

By dnadmin on Mon, 11/07/2022 - 13:24
Document Date
Fri, 11/13/2020 - 12:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 11/18/2020 - 00:00
Page Number
33
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__111820…

BATA document A133°- 2009 Exhibit A

Guaranteed Maximum Price Amendment

_for the following PROJECT:

(Name and address or location}

. Downtown Performing Art Center

201 Main Street
Nashua, NH 03061

“THE OWNER:

(Name, legal status and address)

City of Nashua
229 Main Street
Nashua, NH 03061-2019

THE CONSTRUCTION MANAGER:
(Name, legal status and address)

Harvey Construction Corporation
10 Harvey Road
Bedford, New Hampshire 03110

ARTICLE A.4

ADDITIONS AND DELETIONS:

The author of this document has
added information needed for its
completion. The author may also
have revised tha fext of the original
AIA standard form, An Additions and
Deletions Report that notes added
information as well as revisions to the
standard form text is available from
the author and should be reviawed, A
Vertical line in the left margin of this
document indicates where the author
has added necessary informatian
and where the author-has added te er
deleted from the original AIA text.

This document has important iegal
consequences. Consultation with an
altorney is encouraged with respect
to [ts completion or modification.

AIA Document A201™~_2007,

§ A.1.1 Guaranteed Maximum Price General Conditions of the Contract
Pursuant to Section 2.2.6 of the Agreement, the Owner and Construction Manager hereby ‘0 Construction, is adopted in this
amend the Agreement to establish a Guaranteed Maximum Price. As agreed by the Owner 40cument by reference. Do not use
and Construction Manager, the Guaranteed Maximum Price is an amount that the Contract th cther'general conditions unless
Sum shall not exceed. The Contract Sum consists of the Construction Manager’s Fee plus ‘8 documents mocified.

the Cost of the Work, as that term ts defined in Article 6 of this Agreement.

§ A114 The Contract Sum is guaranteed by the Construction Manager not to exceed
Fifteen, Million Eight Hundred Twenty-One Thousand Eight Hundred Ninety and no/100
Dollars

($ 15,821,890.06 }, subject to additions and deductions by Change Order as provided in the
Contract Documents.

§ A.1.1.2 {temized Statement of the Guaranteed Maximum Price. Provided below is an
itemized statement of the Guaranteed Maximum Price organized by trade categories,
allowances, contingencics, altemates, the Construction Manager’s Fee, and other items
that comprise the Guaranteed Maximum Price.

{Provide below or reference an attachment.)

See Attached Exhibits

§ 4.1.1.3 The Guarantced Maximum Price is based on the following altematos, if any,
which are described in the Contract Documents and are hereby accepted by the Owner:
(State the numbers or other identification of accepted alternates. If the Contract
Documents permit the Owner te accept other alternates subsequent to the execution of this
Amendment, attach a schedule of such other alfernates showing fhe amount for each and
the date when the amount expires.)

ATA Document A133" ~ 2008 Exhibit A. Copyright © 1991, 2003 and 2009 by The American institute of Architects. All rights raservad. The "Amarican Institute of

Init. Architects,” "AIA," the AIA Lago, and “AIA Contrast Documents" are ragistered trademarks and may not be used without permission. This document was produced 1
by AIA software at 16:36:51 ET on 10/20/2020 under Order No.4797552926 which expires on 09/23/2071, Is nat for resale, is licansad for one-time use only, and
f may only be used in accordance with tha AIA Contract Documents® Tarms of Service, To report copyright violations, e-mail copyright@aia.org.

User Notes: (19352388251)

Page Image
Finance Committee - Agenda - 11/18/2020 - P33

Finance Committee - Agenda - 11/18/2020 - P34

By dnadmin on Mon, 11/07/2022 - 13:24
Document Date
Fri, 11/13/2020 - 12:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 11/18/2020 - 00:00
Page Number
34
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__111820…

Init.

See Attached Exhibit D

§ A.1.1.4 Allowances included in the Guaranteed Maximum Price, if any:
(Identify allowance and state exclusions, if any, from the allowance price.)

Item Price ($0.00)
See Attached Exhibit E

§ A11.4 Assumptions, if any, on which the Guaranteed Maximum Price is based:
See Attached Exhibit F

§ A.1.1.6 The Guarantecd Maximum Price is based upon the following Supplementary and ather Conditions of the
Contract:

Document Title Date Pages
None

§ A147 The Guaranteed Maximum Price is based upon the following Specifications:
(Either list the Specifications here, or refer io an exhibit attached ta this Agreement.)
See Attached Exhibit G

. Section Titis Date Pages

§ A.1.1.6 The Guaranteed Maximum Price is based upon the following Drawings:
(Either list the Drawings here, or refer to an exhibit attached to this Agreement.)
See Attached Exhibit G

Number Title Date

§ A.1.1.8 The Guaranteed Maximum Price is based upon the following other documents and information:
(List any other documents or information here, or refer to an exhibit attached ta this Agreement)

See Attached Exhibit FH — GMP Estimate

See Attached Exhibit I - Construction Schedule

See Attached Exhibit ] ~ Exclusions

See Attached Exhibit K — Value Engineering Matrix

ARTICLE A.2
§ A.2.1 The anticipated date of Substantial Completion established by this Amendment:

Fourteen (14) months after a notice to proceed and the utility lines are relocated on West Pearl Street

OWNER (Stenature) CONSTRUCTION MANAGER (Signature)

: William E. Stevens President
(Printed name and title) (Printed name and title)

AiA Document A133” - 2009 Exhibit A, Copyright G 1997, 2003 and 200$ by The American Institute of Architects. AH rights reserved. The “Anterican Institute of
Architects,” “AlA,” the AIA Lago, and "AIA Contract Documents” are registered trademarks and may not be used without pannission, This document was produced
by AIA software at 16:38:54 ET on 16/20/2020 under Order No.4797552925 which expires an 09/23/2021, Is not for resala, Is licensed for one-time use only, and
may only bo used in accordance with the AIA Contract Decumants® Terms of Service. To report capyright violations, e-mail copyright@aia.arg.

User Notas: (1935238251}

Page Image
Finance Committee - Agenda - 11/18/2020 - P34

Board Of Aldermen - Minutes - 8/9/2016 - P26

By dnadmin on Sun, 11/06/2022 - 21:34
Document Date
Tue, 08/09/2016 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Minutes
Meeting Date
Tue, 08/09/2016 - 00:00
Page Number
26
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_m__080920…

Board of Aldermen Page 26
August 9, 2016

Alderman Lopez

On Sunday, August 14", Neighborworks will be doing a survey and anybody in Ward 4 who does it will
get a free t-shirt and they are also hosting a block party which will be this Sunday at the same time as the
Latino Festival. The Latino Festival is at St. Louis Church from 12:00 p.m. to 5:00 p.m. and the block
party will be on Ash Street and that’s from 2:00 p.m. to 4:00 p.m. Next weekend there is a bunch of
cultural activities. There is a Brazilian Festival at Greeley Park on Saturday, a Steampunk Festival and
the Gate City Brew Fest.

Committee announcements: None

ADJOURNMENT

MOTION BY ALDERMAN WILSHIRE THAT THE AUGUST 9, 2016, MEETING OF THE BOARD OF
ALDERMEN BE ADJOURNED

MOTION CARRIED

The meeting was declared adjourned at 9:27 p.m.

Attest: Patricia D. Piecuch, City Clerk

Page Image
Board Of Aldermen - Minutes - 8/9/2016 - P26

Finance Committee - Agenda - 7/6/2022 - P104

By dnadmin on Sun, 11/06/2022 - 21:47
Document Date
Fri, 07/01/2022 - 09:35
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 07/06/2022 - 00:00
Page Number
104
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__070620…

27.

28.

29.

30.

31.

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, Professional Engineer shall refund to the City of Nashua
any profits realized under this contract, and Professional Engineer 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.

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

THIRD PARTY INTERESTS AND LIABILITIES The City of Nashua and Professional
Engineer, 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 Professional Engineer.

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 Professional Engineer. 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

GC 12 of 13

Page Image
Finance Committee - Agenda - 7/6/2022 - P104

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