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Work.

3.2.7 In addition to the description of the SUA services and exclusions provided in the SUA Statement of
Work, the following apply:

a) Upon reasonable request by Motorola, Customer will provide a complete serial and model
number list of the Equipment.

b) SUA services exclude the repair or replacement of Equipment that has become defective or
damaged from use in other than the normal, customary, intended, and authorized manner; use
not in compliance with applicable industry standards; excessive wear and tear; or accident,
liquids, power surges, neglect, acts of God or other force majeure events.

c) Unless specifically included in this Addendum or the SUA Statement of Work, SUA services
exclude items that are consumed in the normal operation of the Equipment; accessories; and
repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower
lighting, duplexer, combiner, or multicoupler. Motorola has no obligations for any transmission
medium, such as telephone lines, computer networks, the internet or the worldwide web, or for
Equipment malfunction caused by the transmission medium.

d) Customer will provide Motorola with designated points of contact (list of names and phone
numbers) that will be available during the performance of the SUA services.

3.2.8 The SUA annualized price is based on the fulfillment of the two year cycle. If Customer terminates
this service during a two year cycle, except for Motorola’s default, then Customer will be required to pay for the
balance of payments owed for the two year cycle if a major system release has been implemented before the
point of termination.

3.2.9 SUA INFLATION ADJUSTMENT. For multi-year agreements, at the end of the first year of the
Agreement and each year thereafter, a CPI percentage change calculation shall be performed using the U.S.
Department of Labor, Consumer Price Index, all Items, Unadjusted Urban Areas (CPI-U). Should the annual
inflation rate increase greater than 3% during the previous year, Motorola shall have the right to increase all
future maintenance prices by the CPI increase amount exceeding 3%. All items, not seasonally adjusted shall
be used as the measure of CPI for this price adjustment. Measurement will take place once the annual average
for the new year has been posted by the Bureau of Labor Statistics. For purposes of illustration, if in year 5 the
CPI reported an increase of 8%, Motorola may increase the Year 6 price by 5% (8%-3% base).

4, ENTIRE AGREEMENT. This Addendum, any related attachments, and the Agreement, constitutes the
entire agreement of the Parties regarding the subject matter of this Addendum and supersedes all previous
agreements, proposals, and understandings, whether written or oral, relating to this subject matter. This
Addendum may be amended or modified only by a written instrument signed by authorized representatives of
both Parties. The preprinted terms and conditions found on any Customer purchase or purchase order,
acknowledgment or other form will not be considered an amendment or modification of this Addendum, even if a
representative of each Party signs that document.

END

, THE CITY OF NASHUA “Phe Gate City"

Addniinistrative Services

Purchasing Department

December 12, 2019
Memo #20-067

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: ALDERMANIC CHAMBER RENOVATIONS (VALUE: $134,900)
DEPARTMENT: 129 CITY BUILDINGS; FUND: ESCROW $40,000 AND BUILDING

FUND $94,900

Please see the attached communication from Kim Kleiner, Director of Administrative Services dated
December 12, 2019 for information related to this purchase.

Pursuant to § 5-78 Major purchases (greater than $10,000) A. All supplies and contractual services,
except as otherwise provided herein, when the estimated cost thereof shall exceed $10,000 shall be
purchased by formal, written contract from the lowest responsible bidder, after due notice inviting bids.

The Director of Administrative Services and the Purchasing Department recommend the award of this
contract to D.L. King & Associates of Nashua, NH in the amount of $134,900.

Respecttully,
- GA
Dan Kooken

Purchasing Manager

Cc: K. Kleiner J. Graziano

8) THE CITY OF NASHUA “the Gate City’

Administrative Services Division

To: Mayor Donchess

Finance Committee

From: Kim Kleiner, Director of Administrative Services
Date: December 12, 2019
Re: Aldermanic Chamber Renovations

Request: To approve a contract with DL King & Associates for the renovation of the
Aldermanic Chamber to include custom stained oak furnishings and desks, carpet,

painting, electrical, bench cushions, and wood railings in the amount of $134,900.

The project was sent out to bid on 11/1/2019 under IFB0745-120219 and 4 bids were
received. The bids were reviewed by a team from the Administrative Service office,
Purchasing, IT, the Legislative Manager and President of the Board, and D.L. King

was determined to be the most responsible bidder.

We are requesting approval to award the contract for the renovation of the Aldermanic
Chamber to D.L. King in the amount of $134,900.

This contract will construct custom oak furnishings for the aldermanic desks and

gallery benches.

229 Main Street » Nashua, New Hampshire 03060 « Phone (603) 589-3020

CONTRACT FOR PROFESSIONAL SERVICES

RENOVATIONS TO THE ALDERMANIC CHAMBER IN NASHUA
CITY HALL

A CONTRACT BETWEEN

THE City OF NASHUA, 229 MAIN STREET, CITY HALL, NASHUA, NH 03060
AND

D. L. King & Associates

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NAME AND TITLE OF General Contractor

27 Tanglewood Drive
Nashua, NH 03061

ADDRESS OF General Contractor

WHEREAS, the City of Nashua, a political subdivision of the State of New Hampshire, from time
to time requires the services of a General Contractor ; and

WHEREAS, it is deemed that the services of a General Contractor herein specified are both
necessary and desirable and in the best interests of the City of Nashua; and

WHEREAS, General Contractor represents they are duly qualified, equipped, staffed, ready,
willing and able to perform and render the services hereinafter described;

Now, THEREFORE, in consideration of the agreements herein made, the parties mutually agree as
follows:

1. DOCUMENTS INCORPORATED. The following exhibits are by this reference incorporated herein and
are made part of this contract:

Exhibit A--General Conditions for Contracts
Exhibit B--Scope of Services, Contract Time, Fee Schedule

The Contract represents the entire and integrated agreement between the parties and supersedes prior
negotiations, proposals, representations or agreements, either written or oral. Any other documents which
are not listed in this Article are not part of the Contract.

In the event of a conflict between the terms of the Proposal and the terms of this Agreement, a written
change order and/or fully executed City of Nashua Purchase Order, the terms of this Agreement, the
written change order or the fully executed City of Nashua Purchase Order shall control over the terms of
the Proposal.

2. WORK TO BE PERFORMED Except as otherwise provided in this contract, General Contractor

Contractor shall furnish all services, equipment, and materials and shall perform all operations necessary
and required to

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carry out and perform in accordance with the terms and conditions of the contract the work described.

3. PERIOD OF PERFORMANCE, General Contractor shall perform and complete all work within the time
periods set forth and may only be altered by the parties by a written agreement to extend the period of
performance or by termination in accordance with the terms of the contract. General Contractor shall begin
performance upon receipt of an Executed Contract and a valid Purchase Order issued from the City of
Nashua.

4. COMPENSATION. General Contractor agrees to perform the work for a total cost not to exceed

—— One Hundred Thirty Four Thousand and Nine Hundred Dollars ($134,900.00)

which, unless otherwise provided in this contract, shall be paid in accordance with the provisions of
Exhibit B or unless General Contractor has received a written exemption from the City of Nashua.
General Contractor shall submit monthly requests for payment for services performed under this
agreement shall be submitted as follows:

a Electronically via email to VendorAPInvoices(@NashuaNH.gov

OR
Zw Paper Copies via US Mail to:

City of Nashua, City Hall
Accounts Payable

229 Main Street

Nashua, NH 03060

Please do not submit invoices both electronically and paper copy.

In addition, and to facilitate the proper and timely payment of applications, the City of Nashua requires
that all submitted invoices contain a valid PURCHASE ORDER NUMBER.

Requests for payment shall be submitted no later than fifteen (15) days after the end of each month and
must include a detailed summary of the expenditures reported in a form that supports the approved
budget. Specifically, Professional Engineer agrees to provide the following with each request for
payment:

1. Appropriate invoice forms. The forms shail include the project purchase order number, a
listing of personnel hours and billing rates, and other expenditures for which payment is sought.

2. A progress report. The report shall include, for each monthly reporting periad, a description
of the work accomplished, problems experienced, upcoming work, any extra work carried out,
and a schedule showing actual expenditures billed for the period, cumulative total expenditures
billed and paid to date under the contract, and a comparison of cumulative total expenditures
billed and paid to the approved budget.

The City of Nashua will pay for work satisfactorily completed by General Contractor. The City of Nashua
will pay General Contractor within 3Q days of approval by the City of Nashua of the submitted invoice
forms and progress reports. The City of Nashua will make no payments until the invoice forms and
progress reports have been submitted and approved.

§. EFFECTIVE DATE OF CONTRACT. This contract shall not become effective until and unless approved
by the City of Nashua.

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6 NOTICES. All notices, requests. or approvals required or permitted to be given under this contract
shall be in writing, shall be sent by hand delivery, overnight catrier, or by United States mail, postage
prepaid, and registered or certified, and shall be addressed to:

CITY OF NASHUA REPRESENTATIVE: REPRESENTATIVE:
Administrative Services Division, Buildings D.L.King & Associates
229 Main Street 27 Tanglewood Drive,

Nashua, NH 03060
ashua 3 Nashua, NH 03062

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Any notice required or perniitted under this contract, ifsent by United States mail, shall be deemed to
be given to and received by the addressee thereof on the third business day after being deposited in the
mail. The City of Nashua or General Contractor may change the address or representative by giving
written notice to the other party.

IN WITNESS WHEREOF, the parties hereto have caused this contract to be signed and intend to be
legally bound thereby.

(signature) (signature)

James Donchess, Mayor Arthur E. King, PE CFO
(Printed Name and Title) (Printed Name and Title)
Date: Date:

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EXHiBiT A TABLE OF

CONTENTS GENERAL
CONDITIONS
DEFINITIONS
GENERAL CONTRACTOR STATUS
STANDARD OF CARE

CITY OF NASHUA REPRESENTATIVE
CHANGES TO SCOPE OF WORK
CITY OF NASHUA COOPERATION

DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR
DISCREPANCIES

TERMINATION OF CONTRACT

DISPUTE RESOLUTION

NO DAMAGES FOR DELAY

INSURANCE

INDEMNIFICATION

FISCAL CONTINGENCY

COMPENSATION

COMPLIANCE WITH APPLICABLE LAWS
NONDISCRIMINATION

ENDORSEMENT

ASSIGNMENTS, TRANSFER, DELEGATION, OR SUBCONTRACTING
CITY INSPECTION OF CONTRACT MATERIALS
DISPOSITION OF CONTRACT MATERIALS

PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS
FINAL ACCEPTANCE

TAXES

NON-WAIVER OF TERMS AND CONDITIONS

RIGHTS AND REMEDIES

PROHIBITED INTERESTS

THIRD PARTY INTERESTS AND LIABILITIES
SURVIVAL OF RIGHTS AND OBLIGATIONS
SEVERABILITY

MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT
CHOICE OF LAW AND VENUE

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General Terms and Conditions

DEFINITIONS Unless otherwise required by the context, "Professional Engineer”, and its
successors, transferees and assignees (together “Professional Engineer”) includes any of the
General Contractor's consultants, sub consultants, contractors, and subcontractors

GENERAL CONTRACTOR STATUS The parties agree that General Contractor shall have the
status of and shall perform all work under this contract as a General Contractor, maintaining
control over all its consultants, sub consultants, contractors, or subcontractors. The only
contractual relationship created by this contract is between the City of Nashua and General
Contractor, and nothing in this contract shall create any contractual relationship between the
City of | Nashua and Professional Engineer's consultants, sub consultants,
contractors, or subcontractors. The parties also agree that Professional Engineer is not a
City of Nashua employee and that there shall be no:

(1) Withholding of income taxes by the City of Nashua:

(2) Industrial insurance coverage provided by the City of Nashua;

(3) Participation in group insurance plans which may be available to employees of
the City of Nashua;

(4) Participation or contributions by either the General Contractor or the City of
Nashua to the public employee’s retirement system;

(5) Accumulation of vacation leave or sick leave provided by the City of Nashua;

(6) Unemployment compensation coverage provided by the City of Nashua.

STANDARD OF CARE General Contractor shall be responsible for the professional quality,
technical accuracy, timely completion, and coordination of all work performed under this
contract. General Contractor warrants that all work shall be performed with the degree of
professional skill, care, diligence, and sound practices and judgment that are normally exercised
by recognized professional firms with respect to services of a similar nature. It shall be the duty
of General Contractor to assure at its own expense that all work is technically sound and in
conformance with all applicable federal, state, and local laws, statutes, regulations, ordinances,
orders, or other requirements. In addition to all other rights which the City of Nashua may have,
General Contractor shall, at its own expense and without additional compensation, re-perform
work to correct or revise any deficiencies, omissions, or errors in the work or the product of the
work or which result from General Contractor's failure to perform in accordance with this
standard of care. Any approval by the City of Nashua of any products or services furnished or
used by General Contractor shall not in any way relieve General Contractor of the responsibility
for professional and technical accuracy and adequacy of its work. City of Nashua review,
approval, or acceptance of, or payment for any of General Contractor's work under this contract
shall not operate as a waiver of any of the City of Nashua's rights or causes of action under
this contract, and General Contractor shall be and remain liable in accordance with the terms of
the contract and applicable law.

General Contractor shall furnish competent and skilled personnel to perform the work under
this contract. The City of Nashua reserves the right to approve key personnel assigned by
General Contractor to perform work under this contract. Approved key personnel shall not be
taken off of the project by General Contractor without the prior written approval of the City of
Nashua, except in the event of termination of employment. General Contractor shall, if requested
to do so by the City of Nashua, remove from the job any personnel whom the City of Nashua
determines to be incompetent, dishonest, or uncooperative.

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