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LAVALLEE|BRENSINGER ARCHITECTS

AGREEMENT BETWEEN OWNER AND ARCHITECT
FOR
LIMITED ARCHITECTURAL SERVICES

December 3, 2019 (revised December 6, 2079)

Lt. Carlos Camacho
Nashua Police Department
28 Officer James Roach Dr.
Nashua, NH 03061

Re: City of Nashua, NH Police Facilities Study
Dear Lt. Camacho,

Thank you for selecting Lavallee Brensinger PLLC — dba Lavallee Brensinger Architects
(LBA) to serve as Architect for the City of Nashua, NH Police Facilities Study. Please consider the
following as our written Agreement for this project. We believe you will find its terms to be consistent with
our previous communications regarding this study.

THE PROJECT

The project consists of assisting the Nashua Police Department, New Hampshire (referred to as the Owner)
with the following tasks related to the City's existing Police Department Facility: 1) perform a space needs
analysis of the Police Departments, to identify current and future space and operational needs; (2)
determine whether the Department's future space and operational needs can be accommodated by
renovating or expanding the existing Police Station, (3) provide conceptual planning options and conceptual
budgets for addressing the future space needs of the Police Department at the current location.

The evaluation of the existing Police Department Main Building and site will address evaluation factors
including: the ability of the existing building and site to accommodate vertical and/or horizontal expansion
directed toward the goal of supporting the Police Department's continued delivery of quality public safety
services for the residents of the City.

EXISTING PROJECT SITE

chee es we Sp oF J

PIRST. FLOOR PLAN

Police Department - Nashua Police Department, 28 Officer James Roach Dr. Nashua, NH

Boston | Manchester | Portland | www.LBPA.com

City of Nashua, NH PD Facilities Study
December 3, 2019 (revised December 6, 2019) Page 2

The existing Main Police Department Facility consists of a two story building with a full basement, and is
comprised of the original c. 1970 building and a c. 2000 addition. The building also features a one story
vehicle maintenance facility.

GROSS AREAS:
EXISTING BUILDING NEW ADDITION SALLYPORT ADDITION LOA,
B 9,865 7,275 0 17,140
j 11,730 10,767 1,Z50 23,121
2 13,559 8,082 620 22,261
35,154 S.F. 25,518 SF. 1,850 SF. | 62,522 SF.
PROJECT TEAM

The project team for the Study is comprised of the following:

e Lavallee Brensinger Architects — Project Management, Programming/Planning,
Conceptual Architectural Design

e Foley Buhl Roberts — Structural Analysis of the c. 1997 original building and the c. 2000
addition.

e Yeaton Associates - MEP/FP Engineering Consulting for the proposed expansion

e Jobin Construction Consultants — Conceptual Cost Estimating Services

e Hayner Swanson Inc. ~— Civil Engineering (Only required if planning indicates the need to
expand outside the existing building footprint or make alterations to the existing site
layout)

SCOPE OF BASIC SERVICES

Lavallee Brensinger Architects services and responsibilities shall be limited to Architectural Programming,
Planning, and Conceptual Design Services including limited scope Engineering Services related specifically
to the project scope as defined in this Agreement.

Our professional services include the following specific items: _
CATEGORY OF SERV MEETINGS —

TASK 1~SPAC!
Review the Exist
Program Repo!

One (1) — Project
Kick-off meeting and
existing site and
building facility tour
with the project team

Two (2) — On Site
programming
meetings with the
Police Department
and Project Steering
Committee

axt phase of the Study.
REVIEW CURRENT PD FACILITY

sk 1, our team will prepare planning and site

ions on the existing PD site.

W of the existing building and site documentation for the PD
ade available by the Owner.

City of Nashua, NH PD Facilities Study
December 3, 2019 (revised December 6, 2019)

Page 3

Prepare 3-D CAD base plans and general building massing for the

id observation during the initial site visit.
aw the impact of existing site issues on potential planning

op
Structu Engineering - Phase 1 will consist of a review of the

1977..and c. 2000 building design documents as made
wher to determine the approximate allowable
oof Level framing, columns and foundatio
ddition. Should the results of the first ph
able load capacity for an additional
ng to Phase 2. (please refer fo
ection for Phase 2)

existing PD facility based on drawings provided by the PD, and visual

TASK 3 - INVESTIGATE:
Our team will prepare conce

= Proposed additions:
the existing site ci

Two (2) — progress
meetings with the
Police Department
and the Project
Steering Committee
to review the Concept
Design and Options

of Probable Cost
ting the approved Space
sign, and Site Layouts for the:

\ovation to the existing PD Facility
ions are included 2
e needs for project phasing to acknowledge the
r continued operation of the existing PD facility.

e Line: working with the PD and the Committee we will
).a-project implementation time line for the proposed projects,
on the PD’s plan to implement the various components of the

Cost Escalation: reflect projected future estimated construction cost
escalation for phased project implementation and estimated

One (1} — meeting
with the City and
Committee to review
interim Budget and
Proposed Project
Schedule

City of Nashua, NH PD Facilities Study

December 3, 2019 frevised December 6, 2019) Page 4
allowance for project “soft costs” including allowances for FF&E,
Equipment/Telecom/Technology, Security, A/E Fees, testing,
permitting fees, and other "soft costs”.

TASK 5 —- STUDY DELIVERABLES
Final Space Needs Assessment Report & Options One (1) — meeting
» Prepare the Final Space Study Report including the items noted in with the PD and
the Tasks above. Committee
# Provide the PD hard copies and digital version in PDF format of the
report.
“Provide the PD with a Power Point presentation summarizing the One (1) - meeting
major components of the Study. with the City Council
=» Present the Report to the City:Council.

SCHEDULE

The schedule is estimated at approximately 4 months total based on a notice to proceed from the Owner
of December 15, 2019 and an estimated completion date of April 15, 2020.

ARCHITECTURAL FEES — BASIC SERVICES

Lavatlee Brensinger Architects fees for the Scope of Basic Services outlined above shall be the fixed fee
of forty-five thousand dollars ($45,000.00), including an allowance of one thousand dollars ($1,000.00) for
customary reimbursable expenses which will be invoiced as incurred,

ADDITIONAL and OPTIONAL SERVICES

These services will be provided with approval from the Owner:

project related parties

Item Allowance - Clarifications

Structural Analysis - Phase 2 —FBRA will be

providing the lateral (windand seismic) $4,500 Phase 2 of the Structurai
analysis of the existing c.2000 building Analysis will be provided once
addition with an assumed additional floor. Phase 1 is completed and it
Components of the additional floor (including indicates that the addition of a
the heighi, footprint, exterior wall construction, 3" floor may be possible on
etc.) would be coordinated with you, The intent the footprint of the c. 2000

of the lateral analysis would be prepared to addition.

determine if the existing lateral load. resisting _

system, diaphragms, and foundations appear .

to have adequate allowable capacity to SUPPOLE

the existing building with an additional floor —

based on the requirements of the current B - :

building code. ce

Additional Meetings with the Owner and other Hourly as In excess of the 8 meetings

requested and
authorized by
Owner

included under Basic Services
as noted above

Meetings with the PD, the City of Nashua,
State of NH, and Other Building Code Approval!
Bodies

Hourly as
requested and
authorized by
Owner

As requested by the Owner

Civil.Engineering Service for:

Existing PD site review for utilities and storm
water, Geotechnical, Wetlands, Environmental,
Traffic Engineering Services in support of
potential expansion of the existing PD facility.

Hourly as required
and authorized by
Owner

Engineering Services will only
be provided upon direction
and written request from the
Owner

PETITION
FOR
STREET ACCEPTANCE

TO THE HONORABLE BOARD OF ALDERMEN OF THE CITY OF NASHUA:

Pursuant to the Nashua Revised Ordinances, Chapter 285, Article Ill, Sections 21-22, the
undersigned requests that the following described portion of: Annabelle Court

be accepted for public use and maintenance:

REV 08/13

NHODRR inventory forms will include full architectural and site descriptions, a history of the
property, and a contextual analysis to assist NHDHR in its review of the property’s role within
the development and/or architecture of the area, The form will also include: a discussion of the
integrity of the property and whether it meets National Register eligibility criteria; images of
historic maps and historic photographs, if located; existing condition photographic
documentation of the property keyed to a photograph location map; and up to three figures
depicting the property layout and relationship to the surrounding area.

This task includes one round of edits from NHDHR (up to 8 hours). VHB will produce one hard

copy on archival paper of each form for submittal to NHDHR.

Task 10. Section 106 Consultation

This task includes coordination and consultation regarding the potential project impacts with
Army Corps of Engineers (ACOE) and/or New Hampshire Division of Historical Resources. This
consultation includes attending meetings and/or the production of a memorandum.

If any of the properties are determined eligible, then VHB will assist in developing the Section
106 Determination of Effects and a Memorandum of Agreement (MOA) if the effect is
determined to be adverse. This task would involve additional consultation with the ACOE,
NHDHR, and the City of Nashua. As needed, VHB would:

e Assist in completing a Determination of Effects table and memorandum;

¢ Complete the ACHP adverse effects report for submission via e106. An initial draft of the
report will be provided to the City and the Corps for review. One round of review is
anticipated. The final package will be provided to the Corps for electronic submission to

the ACHP, with copies to the City;

¢ Assist in identifying mitigation measures, if needed;

e Prepare draft and final versions of an MOA that will summarize the Determinations of
Eligibility and Effect, and which will stipulate appropriate measures to mitigate adverse
effects. An initial draft of the MOA will be provided to the City and ACOE for review and
revisions prior to supplying the document to the NHDHR for review. VHB will finalize the

MOA following NHDHR review.

Task 11. Permitting Follow On Services

Following permit application submissions to regulatory agencies, follow-up and coordination
effort is sometimes required to respond to requests for additional information and specific

comments and concerns raised. Work under this task might include:

e Preparation of documents to respond to agency comments;
¢ Minor plan revisions/additions; or
e Attendance at site inspections by the state or federal agencies.

6

City of Nashua, NH PD Facilities Study
December 3, 2019 {revised December 6, 2019) Page 5

Invoices for Lavallee Brensinger Architects services shall be forwarded approximately monthly, and
payment shall be due within thirty (30) days thereof. Balances outstanding for more than thirty (30) days
shall bear interest at the rate of 1% per month.

SCOPE OF SERVICES QUALIFICATIONS

The following items are clarifications of the Scope of Services for this Project:

1. The Basic Scope of Services includes a total of eight (8) meetings on site with the Owner,
including User Groups and the Study Steering Committee. Please refer to the detailed narrative
above. Additional meetings as requested by the Owner will be billed at the prevailing hourly rates
in this Agreement.

2. It is understood that the following services shall be provided by others or provided as an
Additional Service upon written approval of the Owner:

Geotechnical and Hydrological(Vetland Engineering Design.

Programming and planning of other City functions in addition to the specific departments
included in the Agreement: Police and Fire Departments.

Design options, renderings and plans in addition to those specifically noted within the
Basic Scope of Services.

Schematic Design, Design Development, Construction Documents, Bidding, and
Construction Phases for the project.

Environmental assessments, testing, and abatement design and monitoring services.
Civil, Structural, and MEP/FP engineering services in addition to those specifically noted
within the Basic Scope of Services.

Destructive investigation and exploratory cutting of existing structures.

LEED certification and registration services.

Field measuring and preparation of CAD plans and elevations of existing site and building
conditions in addition to those specifically listed above.

Detailed Cost Estimating Services.
Realistic level renderings of the proposed new buildings and building addition/renovation.
Submittal, Review and Permitting with applicable State and Local agencies.

Traffic Engineering and Service Response Studies in addition to those specifically noted
within the Basic Scope of Services.

3. The Owner will provide the following relevant documents to LBA:

PDF/Scan Drawings (sites and building plans) of the existing Public Safety Buildings
including Fire Station 1 & 2, and the Police Station.

Site information for the existing Police Building site in PDF or CAD format to include
topography, wetland delineation, bodies of water, utilities, and existing structures and
buildings.

GIS-based Response Time data mapping for the existing and proposed sites to be
provided in plotted and digital CAD data format for use by the LBA team for the
Operational Assessment.

GIS-based incident “Heat Mapping" for Police data for the existing and proposed sites to
be provided in plotted and digital CAD data format for use by the LBA team for the
Operational Assessment.

Relevant programmatic and operational information including any key law enforcement
equipment and apparatus to be housed in the Police Facility.

4, See Attachment “A” for customary reimbursable expenses and prevailing hourly rate schedule.

City of Nashua, NH PD Facilities Study
December 3, 2019 {revised December 6, 2019) Page 6

10.

11.

12.

13.

14,

LBA shall perform its services to the standard of care practiced by architects on other regional
projects of similar type and size.

LBA shall not have control or charge of and shall not be responsible for construction means,
methods, techniques, sequences, procedures, construction site safety or safety precautions, or
observing the work of other trades, or for the errors or omissions of any persons performing any of
the Work. In consideration of our limited responsibility for Construction Administration Services,
you shall instruct your contractor to promptly notify us of any errors, omissions, unforeseen
conditions or required modifications to our designs, of which they may be aware. Such notice shall
be given prior to proceeding with the execution of the Work in question.

LBA shall not be responsible for the investigation, discovery, detection, identification, presence,
leakage, discharge, release, use, handling, disposal, encapsulation, abatement, treatment, or
removal of, or exposure of a person or persons to hazardous materiais, pollutants, contaminants,
or disease transmitting organisms, pre-existing or otherwise deposited in any form at the project,
indoors or outdoors, at any time before, during or after construction, including but not limited to
volatile organic compounds, petroleum products, molds, fungus, asbestos or asbestos products,
lead, radon, electro-magnetic frequency radiation or other radiation.

The Owner shall be responsible for the selection, specification, procurement and installation of all
equipment and apparatus.

In recognition of the reiative risks, rewards and benefits of the Project to both the Owner and the
Architect, the risks have been allocated such that the Owner understands and agrees that, to the
fullest extent permitted by law, the Architect, his officers, employees and consultants total liability
to the Owner for any and all injuries, claims, losses, expenses, damages or claim expenses arising
out of this Agreement from any cause or causes shall be limited to the fee for this Study.

LBA may provide Project related computer files for the use of the Owner, Contractor, consulting
engineers and/or others. Such machine-readable documents are provided without any warranties,
guarantees and/or representations of any nature whatsoever regarding the correctness, accuracy
and/or completeness of the information contained therein. LBA shall not be responsible for claims,
losses, damages and/or liabilities arising out of or relating to the use, misuse, modification,
interpretation, misinterpretation and/or misrepresentation of any such information. It is understood
and agreed that only the hard copy of the Contract Documents stamped and signed by LBA shall
serve as the exclusive and definitive record of the Project.

All documents prepared by LBA under this Agreement will become the property of Owner. LBA
retains the right to utilize these documents in the future related to its practice. They shall not be
modified or used in any way not contemplated by this Agreement, without our written authorization.
LBA shall not be responsible for any consequences resulting from such unauthorized modifications
or uses. The City of Nashua, NH shall be able to utilize images and information created under this
Agreement in community outreach, project funding, and public relations with credit given to LBA as
the Architect/Designer.

Any provision of this Agreement later held to be unenforceable for any reason shall be deemed
void, and all remaining provisions shall continue in full force and effect.

LBA shail not be responsible for Work designated on the Drawings as "Not in Contract" or "By
Others".

The proposed fee excludes preparation of detailed cost estimating and the specification of furniture,
equipment, specialty items, equipment, and appliances. These services can be provided as an
additional service if so requested.

Thank you once again for choosing LBA to serve as your Architects. Please sign below as representation
of your acceptance of the above Agreement. We welcome your call should you have any further questions
regarding this Letter of Agreement.

City of Nashua, NH PD Facilities Study
December 3, 2019 (revised December 6, 2019)

Sincerely,

Cope jagZ—

Robert C. Robicsek, AIA, NCARB
Principal, Civic Studio Leader
Lavallee Brensinger PLLC

Page 7

Accepted By:
Nashua Police Department, NH

Authorized Signature

Title

Date

cc: Director of Finance and Administration, Lavallee Brensinger PLLC
Robert C. Robicsek, AIA, NCARB, Principal, Lavallee Brensinger PLLC

City of Nashua, NH PD Facilities Study
December 3, 2019 (revised December 6, 2019) Page 8

ATTACHMENT "A"

Professional Fee Schedule

Lavallee Brensinger Architects

Principal , bree . . § 225.00
Associate Principal ........ . $195.00
Senior Project Manager $188.00
Technical Leader , . $183.00
Project Manager boon . ee coe $163.00
Project Designer , , Lo $168.00
Architect 3 $158.00
Arcivitect 2 $147.00
Architect 1 $138.00
Technician 3 $138.00
Technician 2 $115.00
Technician 1 $105.00
Senior interior Designer $151.00
Interior Designer 2 $115.00
interior Designer 1 $105.00
Graphic Designer $130.00
Graphic Designer 000000... . , $105.00
Administrator . , $100.00
Consuitants INV. x 1.20

Reimbursable Expenses

Large Format Printing (Color) . . $30.00 / Sheet
Large Format Printing... bocce , . $1.15 / SQF
Printing (Small Format)......... . $0.46 / SQF
Printing (Out of Office} INV. X 71.20
Travel $0.58 / Mile
Authorized Out-of-Town Lodging and Meals . INV. X 1.00
Overnight / Special Delivery INV. X 1.20
Other Project Expense... 2.75% of Gross Fees Invoiced

(Telephone, Fax, Postage, Supplies, Web-based Mectings, CAD / BIM Equipment)

Fees for custom models, renderings, photography, project specific FTP services, dedicated cell phone
service, graphics, 3D printing, presentation materials and equipment, etc. to be invoiced on a per
project basis, Lavallee / Brensinger may perform 3D computer modeling / rendering for its awn use
in studying project design. Plots of such modeling can be made available to the Owner on an “as-is”
basis for the cost of related printing only. Should the Owner request that such modeling / rendering
be enhanced or modified for other purposes, related time and expenses will be separately invoiced
as additional services,

Pater ne adhusted on fanuary fast of every yr ot

<0BIN

consuurans JOBIN CONSTRUCTION CONSULTANTS - $125/Hour Billing Rate