Search

30.

31.

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 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 inte 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 contraci, 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.

GC 11 of 12

EXHIBIT B

According to Yeaton Associates, Inc. proposal dated July 31, 2019, and the scope of work provided
therein, Yeaton Associates will provide engineering design/build services and construction management
services to include architectural drafting, schematic design, design development, contract document to
include addressing bid questions and construction administration.

GC 12 of 12

EPA ETD ELATED & Ms
Pe LPI LLL ILLS SL TS
BOLT LI LS)

VEATON ASSOCIATES, INC.
fuly 31, 2019

The City of Nashua
Central Purchasing
229 Main Street
Lower Level Room 11
Nashua, NH 03061

Attn: Mr. David Bailey
Services Bureau Commander

Re: Nashua Police Department HVAC Repairs and System Upgrades
RFP0292-073119
Nashua, New Hampshire
Type of Engineering Service(s) Provided

Dear David,

Yeaton Associates, Inc. is pleased to submit this proposal to provide engineering services for the above-
mentioned project.

This proposal details Yeaton’s scope and fee for the design as it is understood from RFP0292-073119, the
pre-bid meeting on july 18, 2019 and ail the subsequent Amendments provided to date, As you review
our proposal, please provide us with any pertinent feedback that may result in modification to this
document, 50 we may discuss and implement immediately.

We appreciate this opportunity te be of service to you, and we look forward to working with you on this
project If you have any questions regarding this proposal, please do not hesitate to contact us at
(603) 444-6578.

Respectfully,
ye a foe
’ ” c
, <9) MEE, a

Ryan Nealley, PE, CEM, M.S.M.E,
Mechanical Engineering Manager

Enclosure: Scope of Work Checklist
Rate Sheet
Firm Biography
Overview of Services Offered
Project Team
Municipal Facilities Experience
Bonding/Insurance
References
Addendum #1
Addendum #2

1
846 Union St Suite 200, Latieton, MH 03561 | 40 So. River Rd #35, Bedford, NH 03710 | Pr 603 444 6578 | www yeatenassonates com

Project Understanding

GENERAL BACKGROUND

The building was constructed in 1977 with a substantial addition and renovation in 1999, In 2005 the
original 1977 heat pumps in the building were replaced with new units. All the heat pumps are R-22 and
will require replacement with a currently used refrigerant. The goal of this project is to replace the
buildings HVAC system and associated electrical systems with more efficient equipment

ASSUMPTIONS MADE FOR THE PURPOSE OF THIS PROPOSAL
In order to provide a prompt proposal, Yeaton Associates, Inc. has made certain assumptions, which
include:
e ‘There are no available CAD files for use as backgrounds, and, therefore, Yeaton Associates shall
produce backgrounds based on the existing scanned documents.
e The drawings shall be produced in AutoCAD MEP.
e The city shall provide Yeaton with as-built documents where available for use in existing
conditions documents.
e This project shall not pursue LEED Certification.
e Energy Modeling and Geothermal design is excluded from the scope.
s Commissioning is excluded from this scope.
« Design duration is estimated to be 16 weeks from receipt of Notice to Proceed,

Yeaton will gladly discuss accelerating the schedule should the Owner wish to expedite this project.

SCOPE OF WORK
The following is our understanding of the scape of work for this project:

MEP /FP ENGINEERING
® Actas the prime consultant to the City of Nashua to provide engineering services for the subject
project

» Replacement of the existing heat pumps and air handlers throughout the building.

« Replacementand reconfiguration of range HVAC systems.

e Existing cooling tower is recently replaced and shall be reused.

9 Provide cooling for the garage space.

e Fire pratection ts excluded from this scope of work.
The Mechanical and Electrical design services per attached scope of work checkiist.
Construction Administration tasks as per the attached checklist,

» Creation of CS! 2004 Format Specifications (6 Digit Format).

STRUCTURAL ENGINEERING
e Provide support for instalation and mounting of the new HVAC equipment.

2
646 Union St, Suite 200. Littleton, NH 03557 | 40 So River Rd #35, Bedford. NH 09110 | Ph. 603 444 6576 | www yeskeassecintes com

Services

BASIC SERVICES
The following fee schedule is based upon the scope of services outlined in this proposal. Should the scope
of services change, Yeaton Associates is prepared to renegotiate these fees,

Hem Basis of Compensation Fee Amount
Architectural Drafting Lump Sum $3,500
Schematic Design Lump Sum $51,250
Design Development Lump Sum $51,000
Contract Documents Lump Sum $68,250
Bid Questions Lump Sum $1,006
Construction Administration Lump Sum $42,500
Total $217,506

We are aware that the project may be cancelled at the end of any of the above phases, The total unpaid
amaunt of all previously completed phases plus an amount equal to the work-to-date of the current phase
would be due at the time of cancellation of the project.

ADDITIONAL SERVICES
Additiona! services if required and when authorized by the City shall be paid in accordance with the
enclosed rate sheet.

REIMBURSABLE EXPENSES
Reimbursable expenses shall be in keeping with the terms set forth in our contract with the City of

Nashua.

The attached rate sheet is part and parcel to this agreement.

3
&46 Union St, Suite 200, Littleton, NH 03561 | 40 So. River Rd #39, Bedford NH 03190 } Ph 603 444 6578 | ww yeatonuescciates com

Please indicate your authorization for Yeaton Associates, Inc. to proceed with the work as described by
signing below and returning the agreement to us. If you have any questions regarding this proposal,
please call us at 603.444.6578.

On behalf of Yeaton Associates, Inc., thank you for this opportunity and we look forward to working with
you on this project.

The above proposal is offered and accepted and Yeaton Associates, Inc. is authorized to proceed,

For Yeaton Associates, Inc.

Date:
Wayne G, Fillion, PE
President
The City of Nashua

Date:

The Honorable jim Donchess
Mayor of Nashua

4
646 Union St, Sulte 260, Littleton, NH 03561 { 40 So. River Rd #35, Bedford, NH 03410 | Ph: 609.444.6578 | wav yeatonassoclates.com

Scope of Work Checklist for

The City of Nashua - NPD HVAC Repairs and System Upgrades REP 0292-0173119 - Prapasal

GENERAL WORK
Included Not Included
X Specifications ~ Long Form — 6 Digit Format
K Specifications — Long Form — 5 Digit Format
Specifications — Short Form on Orawings
x Revit Format
x AutoCAD Format
x Opinion of probable construction costs at 100% CD issuance for all
applicable disciplines.
x Review of construction cost data for applicable disciplines, as developed
by others.
x Life Cycle Cost Analysis
x MEP code analysis and report on existing building
x Identify and document observable MEP building systems/site services/
features relevant to this project.
x Verify/check existing conditions that may affect this project.
x Verify/decument any owner standards or preferences for materials,
systems, equipment, atc.
x Operating costs analysis and report
x Pra-purchase equipment specification and bidding
x Demolition Plans
Existing Condition Plans
x Construction Phasing Plans
x Support of LEED Certification (documentation by others} including
meetings
x laventory of Existing Equipment

Independent Technical Review {ITR)

4G So River Rd #36, Bedford, NH 03110 | 646 Union St Suite 200, Litieton, NH 03561 | 603 444 6578 | www yeatonassociates com

Scope of Work Checklist for

The City of Nashua - NPD HVAC Repairs and System Upgrades RFP 0292-073119 - Proposal

HVAC
Included Nat included
x Evaluation of existing HVAC systems
x Comparative analysis of optional systems (LIMITED TO TWO OPTIONS)
x Steam distribution piping and accessories
Hot water distribution piping and accessories
x Gas / oil fired heating equipment
x Air handling equipment
x Chiller plant
x Air conditioning - full building
x Air conditioning - partial building:
X Ventilation System
x Humidification Control System {iF REQUIRED)
x Condensate piping, if applicable
x Temperature control system (DDC BMS TO UPDATE/UPGRADE EXISTING
SEIMENS CONTROLS}
x Acoustical analysis, interior equipment or systerns
xX Enargy Modeling
x Acoustical analysis, exterior equipment or systems
x Geothermal system, including radiant heating for terraces

4050 River Rd #35, Bedford, NH 03110 | 646 Union St Suife 260, Littleton, NH 03561 | 803.444 6578 | vw yealonassociates com

Scope of Work Checklist for

The City of Nashua - NPD HVAC Repairs and System Upgrades RFP 0292-073119 - Proposai

PLUMBING

Included

Not Included

x

Evaluation of existing systems

Sanitary system to 5’ outside the building

Roof drainage system to 5’ outside the building

Cold Water service/piping system

Hot water piping system

Pipe insulation

Hot water heater/storage tanks

Plumbing fixtures

a | K] Ke] mM ER Lm | Le

Gas service from utility (EXISTING}

Gas piping distribution (LIMITED TO SERVING NEW HVAC EQUIPMENT}

Sewage ejectors

Compressed air

Radon system

Gray water reuse/rainwater harvesting system

mM | a bX | od | Os

Other:

40 Sa River Rd 236, Bedford, NH 03110] 646 Union S! Suite 200, Littleton, NH 03581 | 603.444.6578 | www yealonassaciates.com