Search

21.

22,

contained in media of any sort (e.g., electronic, magnetic, digital) prepared by or supplied
to Architect in the performance of its obligations under this contract must be retained by
Architect 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 Architect shall promptly remit and
deliver the materials, at Architect's expense, to the City of Nashua. Architect shall not
use, willingly allow or cause to have such materials used for any purpose other than the
performance of Architect's obligations under this contract without the prior written
consent of the City of Nashua.

PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS Architect expressly agrees that all
documents ever submitted, filed, or deposited with the City of Nashua by Architect
(including those remitted to the City of Nashua by Architect 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 Architect 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 Architect. The City of Nashua shall have the nght to reproduce
any such materials.

Architect 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. Architect 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 Architect infringes any copyright or that any equipment, material, or
process (or any part thereof) specified by Architect infringes any patent.

Architect 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 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, Architect 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 Architect in writing that the whole of the work was
completed on the date indicated in the notice or provide Architect with a written list of

GC 10 of 12

23.

24.

25.

26.

work not completed. With respect to work listed by the City of Nashua as incomplete,
Architect 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 Architect 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. Architect 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 Architect 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. Architect 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 Architect. If any such interest comes to the attention of
Architect at any time, a full and complete disclosure of the interest shall be immediately
made in writing to the City of Nashua. Architect 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. Architect 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 Architect (or any of its officers, partners, principals, or employees acting
with its authority) is convicted of a crime 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, Architect shall refund to the City of Nashua any
profits realized under this contract, and Architect 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.

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

GC 11 of 12

27.

28.

29,

30.

31.

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 Architect,
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 Architect.

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 Architect. 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.

GC 12 of 12

William R. Hammer AIA, LEED-AP
Janet M. Siemenda AIA, LEED-AP
Amy J. Dunlap LEED-AP BD 4 C

35 Medliord Street
Somerville, MA 62143
T: 617.776.6545

F 617.776.6678

ween. hktarchitects.com

EXHIBIT B

December 10, 2019

Lisa Fauteaux

Director of Public Works

City of Nashua

9 Riverside Street

Nashua, New Hampshire 03062

Re: Nashua Public Works Project: New Building
Dear Lisa,

We are pleased to submit our proposal for design and construction oversight of the
above reference project. We will coordinate our work with the City of Nashua
(CoN) and the selected CM, Harvey Construction, out of Bedford, New Hampshire
{HCCNH). The schedule requires that construction is complete within two years of
a mid-February 2020 date.

Consultants

This proposal includes work that will be completed by HKT Architects Inc. (HKT),
Hoyle, Tanner & Associates, Inc., (HTA), lronwood (Fe WOOD), WV Engineering
Associates, PA. (WVA), AKF Group (AKF), and Kalin Associates (Kalin).

Scope of Work

The proposed project will include a new 25,000 square foot office building on two
floors and will be located at 840 West Hollis Street, the site of the Four Hills
Landfill and the Solid Waste Office Building and Garage. The site will include
parking for visitors and staff, a new roadway entry off of West Hollis Street, as well
as locations for site elements such as a generator or dumpster and the like.

No vehicle storage, maintenance bays, workshops or support spaces for the
general workforce such as locker room or crew meeting spaces are included at this
time. The projected Total Project Costs for the entire project is just under $10
million dollars.

The services include a review of programming to finalize scope and planning for
this building as well as future buildings (conceptual block diagrams), schematic
design, design development, construction documentation, and bidding and
construction administration.

Assumptions and Exclusions:

The following is a list of assumptions and items that have not been included at this
time. Depending on the direction the project takes some or all of these, as well as
others not yet defined, could require work by some members of the design team.
These assumptions and exclusions include:

1. Services of a land surveyor and certified wetlands scientist are excluded
from this proposal. It is assumed the CoN will provide the design team with
a survey including wetland delineation and report in AutoCAD.dwg and
PDF format for use prior to the start of schematic design. Existing trees

December 10, 2019

Page 2

aPwN

10.
11.
12.

13.
14,

15.

16.

18.

19.

20.
21.

22.

and vegetation (including prime specimens and invasive species) will be
identified in the survey. No additional survey or wetland flagging is
included in this proposal.

Services of a Geotechnical Engineer are by others.

Investigative Services for Haz-Mat are by others.

No work by a professional cost estimator are included in this fee.

This project will endeavor to incorporate sustainable design principles if
the budget allows, but will not seek Certification under the U.S. Green
Building Council LEED Certification program. In addition, design of a Net
Zero energy performing building is excluded.

Additional impact studies, such as a traffic study, are not included in this
proposal. HTA will review work by City expert.

Energy Modeling is not included at this time because we assume that the
new building design will demonstrate energy code compliance using the
prescriptive path.

Material testing services during construction to be performed by others
(e.g. concrete testing, soil compaction testing, etc.).

Special Inspection Services for structural steel framing system, including
open-web steel joists and joist girders of the floor and/or roof systems, to
be performed by others.

Special Inspection Services, other than those identified under Construction
Administration, to be performed by others.

All fees assume the project construction documents will be prepared as a
single bid package.

The State of New Hampshire has adopted the 2015 ICC International
Codes effective September 15, 2019. The design team will review the
proposed design based on the 2015 codes. If a different version of the
code is adopted during design and revisions become necessary to design
work that is already completed, additional services may be required.
Offsite utility upgrades are not included in this proposal.

No NHDES permitting is included with the exception of the Sewer
Discharge.

Anew access drive entrance from West Hollis Street will be designed as
shown in City sketch.

Alteration to the existing recycling center area will not be included.

. Environmental, municipal or other permitting beyond what is in the above

scope is not included in this proposal.

Soil conditions at the site are assumed to be adequate for use of a shallow
cast-in-place spread footing foundation to support the praposed building.
Should it be determined that another solution is necessary, such as deep
foundations (i.e. pile-supported) or ground improvement, a contract
modification will be necessary to incorporate additional engineering scope
and fee.

Equipment cuts of all owner or vendor furnished equipment requiring
mechanical or electrical service will be provided to design team.

Sprinkler flow testing is excluded.

Fire protection hydraulic design with piping and head layout is excluded.
Mechanical design for the fire protection system will include sprinkler
entrance and main layout, along with a performance specification for final
hydraulic design by sprinkler subcontractor.

Data, telephone headend and security system hardware selections by
owner. Technology equipment procurement is not included.

@roisitersic imc.

December 10, 2019
Page 3

23. A detailed list of all City-owned and subconsultant equipment that could
influence alignment of roadways and maneuvering space will be provided.

24. A list of required stockpile area with approximate spatial need will be
provided.

25. Irrigation design is not included in the scope and fee. It is assumed that
permanent irrigation will not be desired. Temporary irrigation during plant
establishment may be required.

26. It is our assumption that retaining walls will not be incorporated into the
proposed site improvements and therefore retaining wall design is
excluded.

27. Application for building code or accessibility code variances will be
considered an additional service.

28. Construction changes based upon Owner requests or substitutions will be
considered an additional service.

29. Construction site visits over the budgeted amount will be performed on a
time and materials basis.

30. Review of construction submittals shall be limited to two per submission.
Additional reviews will be considered an additional service and billed on a
time and materials basis.

31. Contractor Requests for information (RFI) are to be used when sufficient
information does not exist in the approved construction documenis.

32. Design of retrofit work or other solutions that are necessary due to the
contractor’s failure to comply with approved construction documents or
typical construction practice are not included in this fee.

33. Cost for any required police details are excluded.

Preliminary Work through Schematic Design: This preliminary work includes a
programming session to determine what administrative and support spaces will be
included in the office building. Once that is completed we will develop conceptual
layouts of the building, with associated site elements, to determine the final
location of the structure on site. In addition we will plan for additional buildings that
will be constructed at a future time. These drawings will be block diagram sketches
only. Development of detailed plans for all structures, other than the administration
building, are excluded. Work on this phase will begin once a site survey is
completed.

The purpose of the Schematic Design phase is to establish the general scope and
design and to present that in a form that achieves the City of Nashua’s
understanding and acceptance. The schematic design that best meets the agreed
upon project objectives including program, site criteria and construction budget will
be developed.

At all stages of the design, all applicable Building Codes will be followed to ensure
a code compliant design. The principal elements and deliverables for this phase
include the following:

1. Workplan: Finalize project objectives, scope and schedule.
a. Apreliminary project schedule will be developed in consultation
with CoN and HCCNH.
2. Architectural: Based on the Conceptual Plans that are approved by the
CoN, schematic plans, sections and elevations will be developed.
3. Civil/Site:

December 10, 2019
Page 4

a. Schematic investigation: Review available existing conditions
survey, reports and any other data and conduct a site visit. Review
and research available existing data at the City Planning
Department and existing utilities. Meet to identify how the long-
term goals for the site should be incorporated into the Phase 1 and
Phase 2 concepts.

b. Schematic Site Planning: Review possible zoning and site
restrictions; evaluate potential flood plain in the project vicinity, if
any, and determine if the site is within the flood hazard area as
identified on the FEMA Flood Insurance Rate Map; determine
which environmental permits may be required.

c. Schematic Site Plan: Prepare a site sketch suitable for discussions
with the City of Nashua for the Administration Building as well as
an overall master site concept for the future.

d. Conceptual Site Plan: Based on feedback, iwo site plan concept
options will be developed. The first concept is anticipated to be
refinement of the provided concept and the second will be an
alternative site layout. These concept options will each depict the
anticipated Phase 1 and Phase 2 development

i. Phase 1 development of the site which will include a two
story administrative building of approximately 25,000 s-f.
with associated conceptual level depiction of parking, a
new access drive and infrastructure which allows both the
Solid Waste Department and the existing recycling center
to continue operations at the site.

ii. Phase 2 will incorporate the future plan to include
maintenance, a vehicle garage, shops, wash bays,
storage, salt/sand shed, fuel depot and other
programmatic needs. The City will provide direction as to
whether the existing Solid Waste Department Building will
be utilized as part of Phase 2.

iii. The City will choose one of the two concept plan options
and provide feedback for final refinement.

4, Landscape Architecture: Ironwood staff will examine the project area to
identify opportunities and constraints and document conditions, noting
areas of concern including topography, drainage, accessibility, abutting
private property concerns, environmental concern, such as unmanaged
stormwater runoff, and potential impacts of deicing chemicals.

a. Assess specimen trees worthy of protection

b. Analyze and document supplemental information collected and
prepare a site analysis plan

c. Develop and refine a comprehensive site layout that includes
building configurations developed and identified programmed
elements.

d. Phase | and additional future phases will be delineated to assist in
long-range planning.

e, Following review and comment the plan will be advanced.

5. Structural: Structural design of an approximately 25,000 square foot, 2-
story building, including the structural steel frame and cast-in-place spread
footing foundation.

aeeoliteocts ma,

BS
arobiteacts ine.

December 10, 2019

Page 5

6.

9.
10.

a. Coordinate with City Geotechnical Consultant to evaluate the
subsurface soil conditions and presumptive bearing capacity, and
determine parameters necessary for foundation design.

b. identify delegated-design and deferred-submittal structural
elements and systems such as bar joists and connection detailing.

Mechanical, Electrical, Plumbing, Fire Protection Engineering and
Telecommunications Pathways: Engineering work is for the design and
layout of the building fire protection, sanitary, domestic cold and hot water,
heating, ventilation, air conditioning, general exhaust, kitchen
exhaust/makeup air, power, lighting, fire alarm, exit and emergency
lighting and pathways for data/and security systems.

a. Prepare mechanical documentation for sizing of buildings
sprinkler, water, sewer, storm services.

b. Prepare electric documentation for sizing of the buildings electrical
services.

c. Prepare site lighting and photometric’s for submission for
permitting.

d. Prepare written schematic design with mechanical and electrical
system descriptions and preliminary equipment selections.

e. Attend schematic review meeting to present mechanical and
electrical system concepts and recommendations.

f. Prepare schematic drawings and cut sheets suitable for
preliminary coordination with other trades.

Outline specifications will be developed. All specifications will use CS! 6-
digit, 3-part format.

Building and Life Safety Code Review: The New Hampshire State Building
Code currently adopts and amends the 2015 International Building Code
(IBC) and 2015 International Energy Conservation Code (IECC) as well as
the New Hampshire State Fire Code Safe-C 6000 which adopts and
amends the 2015 Editions of NFPA 1 Fire Code and NFPA 101 Life Safety
Code (the “Building Code of Record”).

a. A review of the architectural schematic design drawings will be
completed to review the project and identify any initial code
concerns.

Cost Estimating: None included.
Owner approval of Schematic Design shall be provided prior to proceeding
with Design Development

Design Development Phase: This phase develops and documents the proposed
design including building components from all major disciplines. All major
decisions are reached in this phase in order to minimize modifications during the
construction document phase.

The principal elements for this phase include the following:

1.

Architectural: Development of the schematic plans, elevations, sections,
specific details, room finishes, and selected materials. Coordination of all
work developed during this phase.
Civil/Site:
a. Initial Site Planning: Investigate the current existing utility systems
to determine the most cost-effective and efficient connections to
the proposed building. Further refine the schematic site plan to

December 10, 2019
Page 6

move forward with using the existing conditions provided by the
Project Team.

b. Site Design: Based on Schematic Design review, prepare detailed
site plans. Documents will show proposed buildings and existing
conditions, proposed parking areas, site improvements, proposed
pedestrian and vehicle circulation with required parking
arrangements, stormwater collection and permanent treatment
facilities, and utility service connections.

c. Drainage Study: Analyze the existing pre-development and post-
development stormwater runoff calculations and determine the
potential capacity and adequacy of the receiving system. Design
stormwater treatment, infiltration chamber system, and infiltration
and peak flowrate control devices. Prepare a drainage study to be
submitted to the City of Nashua.

d. Utility Design & Layout: New service connections will be shown on
the plans in coordination with the MEP plans.

e. Plan Submissions: Nashua Planning Board submission and
courtesy presentation of final site plans.

3. Landscape Architecture: A clear and coordinated site and landscape
design will be refined, construction feasibility and sequencing will be
vetted, opportunities for cost savings will be examined, and accurate scale
drawings illustrating the project and associated construction details will be
delivered. Phase | landscape plan will be advanced incorporating feedback
received from the City and Consultant Team.

4. Structural:

a. Prepare preliminary structural design calculations for typical
elements and the lateral force resisting system:

i. Gravity and lateral force resisting system and types,
locations and typical details
ii. Foundation types, locations and typical details

b. Preliminary coordination of typical architectural wall sections with
structural sections.

c. Preliminary coordination of typical MEP systems with structural
systems, including the elevator system.

d. Prepare preliminary structural drawings for proposed spread
footing foundation and structural elements of the building.

5. Mechanical, Electrical, Plumbing, Fire Protection Engineering and
Telecommunications Pathways: Prepare preliminary drawings and
specifications, incorporating schematic review comments.

6. Specifications: Drafts of full specifications will be completed.

7. Building and Life Safety Code Review: Review design development
drawings in accordance with the Building Code of Record. Provide plan
review comments to address any code compliance concerns. Update the
code report.

8. Cost Estimating: Not included.

9. Project Schedule: The project schedule will be updated.

10. Presentations to the CoN are included.

11. Owner approval of Design Development: Any and all changes to the plans
will be completed during this phase.

Construction Documents Phase: This phase creates the bid ready construction
documents. A set of plans and specifications will be provided to the City for review

we 5 SS ‘Oe
arohttests ine.

a@robitects ima.

December 10, 2019
Page 7

once during the CD phase and once prior to bidding. Work will be continued during
City review so that the schedule can be met.

The principal elements and deliverables for this phase include the following:

1. Complete all documents required for bid

2. Architectural: Develop detailed and well-coordinated construction drawings
and specifications that meet the demands of public bidding.

3. Civil/Site: Plans and Technical Specifications

a. Finalize all designs and calculations and revise the plans based on
final comments received.

b. Prepare site construction documents and civil technical
specifications suitable for bidding.

4, Landscape Architecture: Ironwood will advance a detailed plan set and
associated technical specifications. Prepared final landscape construction
drawings will set minimum construction quality standards. Construction
drawings and details will include landscape layout and materials plan,
planting plan, construction details, sections and notes. Technical
specifications will be completed.

5. Structural:

a. Final geotechnical coordination.

b. Finalize preparation of structural calculations.

c. Review the effect of secondary and/or non-structural elements not
included in the primary structural system, but which are attached
thereto, and design the structure to accept and support such
items.

d. Perform design checks and coordination of the Structural
Documents.

e. Final coordination of typical architectural wall sections with
structural sections.

f. Final coordination of typical MEP systems with structural systems,
including the elevator system.

g. Finalize structural drawings for construction.

h. Specify applicable information for delegated-design items and
deferred submittals:

i. Types of elements, pasitions within the structure, and
conceptual connection to the Primary Structural System.
ii. Structural criteria for design of structural elements.

i. Prepare full technical specifications.

j. Prepare a Structural Schedule of Special! Inspections for elements
of the Primary Structural System designed by Hoyle, Tanner.

i. Assist Architectural and MEP disciplines in identifying
items which require an Architectural or MEP Statement of
Special Inspections, when requested.

k. Prepare Preliminary Construction Affidavit forms for the structural
elements of the project.

6. Mechanical, Electrical, Plumbing, Fire Protection Engineering and
Telecommunications Pathways: Prepare construction drawings and
specifications with final sizing, placement of equipment, and distribution.
Prepare Construction Affidavits and ComCheck documents if required for
permitting.