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20. DISPOSITION OF CONTRACT MATERIALS Any books, reports, studies, photographs, negatives or

21.

other documents, data, drawings or other materials, including but not limited to those contained in
media of any sort (e.g., electronic, magnetic, digital) prepared by or supplied to General
Contractor in the performance of its obligations under this contract shall be the exclusive
property of the City of Nashua and all such materials shall be remitted and delivered, at General
Contractor's expense, by Professional Engineer to the City of Nashua upon completion,
termination, or cancellation of this contract. Alternatively, if the City of Nashua provides its
written approval to General Contractor, any books, reports, studies, photographs, negatives or
other documents, data, drawings or other matenals including but not limited to those contained in
media of any sort (e.g., electronic, magnetic, digital) prepared by or supplied to General
Contractor in the performance of its obligations under this contract must be retained by
General Contractor for a minimum of four years after final payment is made and all other pending
matters are closed. If, at any time during the retention period, the City of Nashua, in writing,
requests any or all of the materials, then General Contractor shall promptly remit and deliver the
materials, at General Contractor's expense, to the City of Nashua. General Contractor shall not use,
willingly allow or cause to have such materials used for any purpose other than the performance
of General Contractor's obligations under this contract without the prior written consent of the
City of Nashua.

PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS General Contractor expressly agrees
that all documents ever submitted, filed, or deposited with the City of Nashua by General
Contractor (including those remitted to the City of Nashua by General Contractor pursuant to
paragraph 20), unless designated as confidential by a specific statue of the State of New
Hampshire, shall be treated as public records and shall be available for inspection and copying by
any person, or any governmental entity.

No books, reports, studies, photographs, negatives or other documents, data, drawings or other
materials including but not limited to those contained in media of any sort (e.g., electronic,
magnetic, digital) prepared by or supplied to General Contractor in the performance of its
obligations under this contract shall be the subject of any application for a copyright or patent by
or on behalf of General Contractor. The City of Nashua shall have the right to reproduce any
such materials. Notwithstanding any provision to the contrary contained in this Agreement,
General Contractor shall retain sole ownership to its preexisting information including but not
limited to computer programs, software, standard details, figures, templates and specifications to
the extent that General Contractor identifies each element of ail such information to the City of
Nashua simultaneously with the provision of the same

General Contractor expressly and indefinitely waives all of its rights to bring, including but not
limited to, by way of complaint, interpleader, intervention, or any third party practice, any claims,
demands, suits, actions, judgments, or executions, for damages or any other relief, in any
administrative or judicial forum, against the City of Nashua or any of its officers or employees, in
either their official or individual capacity of the City of Nashua, for violations of or infringement
of the copyright or patent laws of the United States or of any other nation. General Contractor
agrees to indemnify, to defend, and to hold harmless the City of Nashua, its representatives, and
employees from any claim or action seeking to impose liability, costs, and attorney fees incurred
as a result of or in connection with any claim, whether rightful or otherwise, that any material
prepared by or supplied to General Contractor infringes any copyright or that any equipment,
material, or process (or any part thereof) specified by General Contractor infringes any patent.

General Contractor shall have the right, in order to avoid such claims or actions, to substitute at its
expense non-infringing materials, concepts, products, or processes, or to modify such
infringing materials, concepts, products, or processes so they become non-infringing, or to obtain
the necessary licenses to use the infringing materials, concepts, products, or processes, provided

GC 10 of 11

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24,

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that such substituted or modified materials, concepts, products, or processes shall meet all the
requirements and be subject to all the terms and conditions of this contract.

. FINAL ACCEPTANCE — Upon completion of all work under the contract, General Contractor

shall notify the City of Nashua in writing of the date of the completion of the work and request
confirmation of the completion from the City of Nashua. Upon receipt of the notice, the City of
Nashua shall confirm to Genera] Contractor in writing that the whole of the work was completed
on the date indicated in the notice or provide General Contractor with a written list of work not
completed. With respect to work listed by the City of Nashua as incomplete, General Contractor
shall promptly complete the work and the final acceptance procedure 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 General 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. General 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 General 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.
General 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 General Contractor. If any such interest comes to the attention of General
Contractor at any time, a full and complete disclosure of the interest shall be immediately made in
writing to the City of Nashua. General 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. General
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 General Contractor (or any of its officers, partners, principals, or employees acting
with its authority) is convicted of a cnme 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, General Contractor shall refund to the City of Nashua any profits realized under this
contract, and General 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.

GC 11 of 11

27.

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

THIRD PARTY INTERESTS AND LIABILITIES The City of Nashua and General 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 General 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 General 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.

Finance Committee — 08/03/2022 Page 3

meeting - a potential of this falling in and hurting somebody. So we do have to do something and | trust Mr. Conant and
that this is the appropriate thing to do. So | think we should give a positive motion to this. Thank you.

Alderman Thibeault

Thank you, Mr. Mayor. My question is, is this currently would you say and same thing like at St. Andrew's Park, right, is
this our worst lighting right now for all our fields or are there any other fields that are experiencing this that we're going to
have to look at in the future?

Bryan Conant, Superintendent of Parks and Recreation

| would say right now Labine is the worst. Yes there are other situations that we need to look into - f Mine Falls comes to
mind, the lighting on Artillery Lane. This will be the first LED lighting that we have in any of our athletic fields in the city
which, you know, | think is something we should ultimately try and transfer to. But yes, this is the worst and no this isn't
the only spot that we should be looking at.

Alderman Thibeault

Follow up?

Mayor Donchess

Yes.

Alderman Thibeault

So | guess at that point then if it's a safety risk, then | would support it when it comes to the Board of Aldermen because
I've used the ones that the other fields and they're not safety risks even though they may be starting to get old
themselves. So yeah, I'll support it when it comes to the Board of Aldermen.

Mayor Donchess

Anyone else?
Alderman Klee

Thank you again, Mr. Mayor and thank you for indulging me. Mr. Conant would it be an imposition or too difficult for you
to give us a kind of a report to the Board of Aldermen as to the status of all the lighting within these fields because to
Alderman Thibeault’s comment about other fields, and | heard you say Artillery and my little spidey senses kind of went up
because that's within my Ward. I'm going to be asking about it and so | would like to kind of know just also for future as to
how we should go about working these. I'd like to see more LED lights going in and we could kind of create a calendar or
schedule, | guess it would be the appropriate word, as to how we go about getting these done. You all do a phenomenal
job. I'm not I'm not questioning that but just so that we as the Board of Aldermen know what's kind of coming down the
pike. Would that be that much of difficulty?

Bryan Conant, Superintendent of Parks and Recreation

No, no, not at all and that's a great suggestion. I'll come up with some type of documentation and list them in priority of
where they should be done and what can be put on the backburner, so to speak.

Alderman Klee
Thank you very much. Thank you, Mr. Mayor.

Bryan Conant, Superintendent of Parks and Recreation

You're welcome.

Mayor Donchess

That’s great, thank you.

Renovations to Aldermanic Chamber in

Nashua City Hall
IF80745-120219

229 iain Street
Nashua, NH 03061

Nashua Purchasing Department

229 Main Street
Nashua, NH 03061

SS GATE C4

General Contractor

D.L. King & Associates, Inc.
27 Tanglewood Drive
Nashua, NH 03062
603-883-5880

& Aeseciates, iae.

Scope of Work/Tasks
RENOVATIONS TO ALDERMANIC CHAMBER IN NASHUA CITY HALL
IF BOG745-5 20218
Items to he compicted will include all Material and Labor
Design-Build for renovations to Aldermanic Chamber furniture and layout in City Hall.

Painting of room with the colors currently in place which are blue with white trim. White trim to be
painted up to and including the Jower crown molding. Wall color is being reviewed and will be
confirmed prior to award of contract.

Replace all chamber desks, tables, dais and the public seating benches. Units to be prepared to accept
wiring for sound and connections for video monitors at cach seating location. The layout will be similar
to those in use in Manchester, NH. An image of Manchester's chamber is included for rcference. Roam
measurenients are included on our current and proposed layouts.

Replace all carpet with camet tiles similar to those currently used throughout City Hall. InterfaceFLOR
- The Standard GlasBac® Tile PRODUCT NUMBER: 1467302500 PRODUCT CONSTRUCTION:
Tufted Textured Loop. Alternate carpet may be substituted, however. it must mect or excced
specifications of the tiles currently in use. Carpet color is being reviewed and will be confinned prior 19
award of contract.

Provide idcas on timing to complete this work with the minimum number of conflicts since this area in
used heavily daily and in the evenings during the week.

Provide warranty information.

Supply three references.

. Demo and replace the wood railing separating the chamber from the aisle, The new railing is to match
the new furniture and have teft side. right side and center untries, A proposed layout is attached to
reference the wood rail.

Seating benches for the public are to match the new furniture. Two (2) new 4 foot long benches arc

being specified tor the rear of the public seating area, one on each side of the raised media platferm. A
proposed layout is attached to reference the new bench locations.

Pravide submittals and shop drawings.

Project completion date: February 28, 2020
$ 134,900.00

Please provide ail details and 2 Total Submitted Frice:

1F80745-120219 Renovations to Aldermanic Chamber In Nashua City Hall
229 Main Street * Nashua, New Hampshire 03061 * Phone (603} 589-3330 « Fax (663) 589-2233

Page | 4

27 Tanglewood Dr.
Naslua, NH 03062
Office: 603-883-5680
Fax: 603-833-5061

December 2, 2019

Mr. Dan Kooken

Purchasing Manager, City of Nashua
229 Main Street

Nashua, NH 03060

Re: IPB0745-120219; RENOVATIONS TO ALDERMANIC CHAMBER IN NASHUA CITY
HALL

Dear Dan:

D.L. King & Associates, Inc. and Team Interior Designer, Stibler Associates, (designer of
Manchester Aldermanic Chamber) is pleased to provide the following proposal. The attached
design- build quotation includes design reviews and submittals of shop drawings and Product
Data Sheets and includes all labor and materials in response to the IFB.

D.L. King & Associates, Inc. has completed numerous the D-B and renovation City of Nashua
Projects including:

% Nashua Police Department Window Replacement

¢ Pennichuck D&M Station Renovations

% Nashua City Hall Clerk’s Office and Elm. St. Entrance

4 Nashua City Hall Window Replacement

“+ Nashua Transportation Maintenance Garage CNG Repair Station
“* Nashua DPW CNG Garage Repair Station

“ Nashua Adult Learning Center Renovations

We have a successful track record of completing quality projects, on time, within budget and
with a minimal disruption of the City Hall daily business activities.

Thank you for the opportunity to bid this work. Please do not hesitate to contact me should you
have any questions regarding this proposal.

Yours Truly,

Arthur E. King; PE CFO
D.L. King and Associates, Inc.

General Contractor & Construction Manager, EDWOSB, NH DOT DBE

1FB0745-120219 Questions and Answers on Renovations to Aldermanic Chambers in Nashua City Hall

7.

10.

11.

12.

The existing dias locations alf have locking drawers. Are thase needed? No, Drawers are not needed.

Are we using the existing cushions on the new benches? No. New cushions should be provided
is the blue color being changed to something else? No. Same color with white trim.
Carpet specified are the tiles used throughout City Hall. Yes. We are using the same color.

Any preferences on the new furniture finish? This has not been determined to date. it could bes
mahogany finish Rke Manchester or an oak finish. The furniture could ba laminated or sald woad and
alternative pricing should be provided.

What is configuration of railings; Gates # and description; 2 Gates? The railing divider shaw have an opening
on the left side, right side and middie. The openings can be roped off so they don't swing into the furniture
area.

Would you reconsider keeping just one entrance into the Aiderman’s area? No.
Are benches to be custom made solid wood or P laminate? The City will review bids for either solid wood or
P laminate.

What size should the new benches be? The benches should be the same size as the existing benches. The
last row of benches should be % the size of the existing benches so one can be on each side of the
platform in the rear of the room. The benches running in the opposite direction along the walts will be
eliminated.

Are Desk & Tables & Tops custom-made sofid wood? P Laminate, The furniture could be laminated or sold
wood and alternative pricing should be provided.

Would you consider a more durable surface for the tops (solid surface}? We would recommend against
wood tops. Yas. The City would consider alternative surfaces.

Drawers in each Table? No. Drawers are not needed. Cubbies ? Cubbies could be provided as an extra
cost option but are not required.

The president's desk has a desktop podium. Yes. That just sits on top of the podium and can be retained.
What is the scope of electrical work; connections or new sound & video; wiring; no of holes outlets per
station in desk for AV Wire? Each station should have power pravided so connections can be made. A
chase or wiraway for additional equipment to be installed by the City should be provided.

What are the work hours & weekend work? Schedule? The room is open and available 8-S ffonday thru
Friday. Arrangements can be made for Saturday If needed,

Will City be responsible for removing wall pictures and window treatments? Yes.

Should we Include the cost for the electrical and building permits in our pricing for the Aldermante Charnber?
Piease advise, You will need to get permits but the City will waive any fees.

1F8O7.45- 120219 ADDENDUM 1 RENOVATIONS TO ALDERMANIC CHAMBER IN NASIIUA CI(Y HALL

Page 2 of S

JEBO745-120219 Questions and Answers on Renovations to Aldermanic Chambers in Nashua City al!

43. Another question, Are we to include video monitors for every seat location? No. Video monitors are net
part of the scope of this portion of the project.

14, You noted to replace all chamber desks, tables, dais and the public seating benches. What is a dais?
Synonyms for a dias fs 3 platform, podium, rostrum or stage.

15, Will City waive landfill tipping fee? Yes.
16. Terms monthly involcing? Yes.

17. What is the time frame for shop DWGS and approvals, fabrication and installation. Vendor estimates a
minimum of 14 Weeks after NTP. {Design time for custom millwork and approvals — estimated at 3 minimum
of 3-4 weeks} This is acceptable and the target completion date will be revised after review with the
awarded vendor.

18. What are the equipment requirements at each station (microphone, task light, computer, desktop outlet?)
Yes. Those items will be required at each lacatian.

The larger desk that seats 2 peaple has a computer and monitor. Will that remain? Yes.

19. Signage ~ currently all stations have name plates/signage. Can the old signage be reused? Yes.
20. Minirnum space requirement for each desk (30" wide) & desk height will be 30°? Yes.

What Is height of privacy panel that extends above the desk surface? Currently pretty low, but phato of
Manchester's show it a bit higher, 38°? Yes. We do want 2 higher privacy panel.

22. Platform currently behind benches to remain? Yes. Platforms in the front and rear of the room are to
rematn.

tn replacing broacdioam with carpet tile, there might be an issue with how the platform gets wrapped. it might
be good to have the vertical part of the platform be wrapped In wood w/a slight lip and then the top of the
platform could get the carpet tile. Yes. This would be an acceptable design.

22. Is desk finish material paint grade wood or stained wood? Stained wood Is preferred and the City will
consider alternative bids for laminate.

23. What are the storage requirements for desks? Drawers are not neetied. Cubbies could be offered as an
alternative but are not required.

24. What are the sizes of (2) separate corner desks and Board President's desk? The corer desks are 42”W X
30°D X 30"H with a set of drawers for storage. The Board President’s desk Is 42“W X 30”"D X 30"H. Note
that the Board Presidents desk is stanted, 26°H in rear and 32 4°H in front and that should be duplicated.

1FBO745- 120219 ADDENDUM 1 RENOVATIONS TO ALDERMANIG CHAMBER IN NASHUA CITY HALL
Page 3 af &

25.

26.

1FBO745-220219 Questions and Answers on Renovations to Aldermanic Chambers tn Mashua City Hall

Is the finish of Board President desk to match ail desks? Yes.

What is the finish material for benches? Benches should match the other new furniture being provided.

Are new cushions for the bench seats required? Yes.

27.

28.

23.

31.

32.

33.

34.

35.

36.

37,

8

39,

40,

41.

ts desk electrical wiring part of scope af work? Yes. Power to each tecation is needed and fs currentfy in
place but will need to be incorporated into the new furniture.

Should provisions be made now for future equipment at each desk; i.e. microphone, speakers, othar devices?
Yes,

Where is the source of pawer for the needs for this project? Under the floor.

. Should window treatments ta remain per waik through? Yas,

is lighting, tele/data wiring. [T equipment, television equipment, and desk chairs are excluded fram this scope
of work per walk through. Yes.

is existing tile to remain per walk through? Yes.

Are we able to set up another time for a walk thru with our millwork company? Yes. | would be the contact
for that.

How many outlets are going to be on the Inside of the millwork stations? 2-4 outlets per station.

How many work stations. Assuming the current lay out 19 Chairs = 19 outlets? 19 data jacks, USB ports?
What type of wood ara yau Jooking for us to price cut? The City hasn’t specified but will look at salid wood
and laminate alternatives. Any idea on a budget price to work with? We have Idea hut nothing we're
sharing at this time. There are many alternatives we've going to need to review for this project in order te

keep costs in line.

Are the new benches going to be built to match the new case work? Yes. Are they going to have a solid
raised panel side look? They don’t need to but the City Is willing to look at design options.

Will you consider paint grade material 2s well? Poplar, Pine, Oak? We will consider all alternatives
proposed.

Will there be a bid security required ? No. ft was not requested in the Gid document.

Is there a manufacturer's name available for the furniture called for to be provided in this contract? Ne
specific company.

Will there be a Performance bond required? Yes. The Bid document Includes a requirement to post a 100%
Perfarmance Bond and 100% Payment Band in tha ammount equal to the Contract Award.

80745-12029 ADDENDUM 1 RENOVATIONS TO ALDERMAN CHAMBER IN NASHUA CITY ItALL

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