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September 1, 2021
Page 2

e City to pay all permit application fees.
City will provide access to the site.
City will designate a contact person who can act with the client's authority
regarding this Project.

Consultants:
HKT Architects will supervise the work of our civil / site engineering consultant,
Hoyle & Tanner.

Proposed Fee:

The fee for the scope of work listed above is an additional lump sum of $29,360
(twenty-nine thousand three hundred sixty dollars). The fee includes all of the
consultants that have been named herein.

Schedule:
As time is of the essence, this work, with City approval, has already begun and is
currently scheduled to be submitted in September of 2021.

As noted in the original fee proposal, any work that is beyond the scope of work
shall be billed as additional services either on a time and material basis or we will
make an additional proposal with a lump sum fee or not to exceed fee. In no case
will we commence any additional services without your written approval.

If there are additional services that are required by Hoyle Tanner, we will invoice
their costs plus a mark-up of 10%.

We will invoice you monthly and we will bill as a percentage of the completed work.
Payment is due in thirty (30) days of the invoice date.

Very truly yours,
HKT Architects Inc.

, pect Homaade

Janet M. Slemenda, AIA, LEED-AP, Principal

cc: Tim Cummings, City of Nashua
File

file. | \HKT Proyects\22003 Nashua DPW Office Buitding\Administration\Contract + Budget\Additional Services\22003 Amend 1 21-09-01
AoT docx

Scope of Work for Contract Amendment #2

October 14, 2021

Lisa Fauteux

Director of Public Works

City of Nashua

9 Riverside Street

Nashua, New Hampshire 03062

Re: Nashua Public Works Project: New Building
Amendment #2: Structural Revisions

Dear Ms. Fauteux,

At the request of the City of Nashua NH, we are pleased to submit this proposal for
additional work to revise the structural system for the new building. The system is
being revised due to unforeseen delivery issues related to steel joists that would
push out the dates for construction of the building. Thought the costs for steel
beams is higher than the costs of steel joists, the costs to extend the schedule to
secure delivery of joists was deemed unacceptable.

Scope of Work:

Hoyle and Tanner completed a short study for an alternative structural system for
the entire building. The information was then shared with Harvey Construction who
then completed an estimate of costs to change from steel joists to steel beams.
The Harvey estimate of additional costs to make this change along with the
schedule implications was discussed with City officials. The City decided that
though there were some additional costs to the steel, this was a benefit to the
project because of availability and schedule.

After the approval was given by the City, Hoyle & Tanner was formally approved to
revise the documents to a steel beam design. That work is underway.

Consultants:
HKT Architects will supervise the work of our structural engineering consultant,
Hoyle & Tanner.

Proposed Fee:

The fee for the scope of work listed above is an additional lump sum of $10,700
(ten-thousand seven hundred dollars). The fee includes all of the consultants that
have been named herein.

Schedule:

As time is of the essence, this work, with City approval, has already begun and is
currently scheduled to be completed as part of the construction document
submission.

24 Roland Street, Suite 301
Charlestown, MA 02129

T: 617.776.6545

F: 617.776.6678

www. hktarchitects.com

October 14, 2021
Page 2

As noted in the original fee proposal, any work that is beyond the scope of work
shall be billed as additional services either on a time and material basis or we will
make an additional proposal with a lump sum fee or not to exceed fee. In no case
will we commence any additional services without your written approval.

If there are additional services that are required by Hoyle Tanner, we will invoice
their costs plus a mark-up of 10%.

We will invoice you monthly and we will bill as a percentage of the completed work.
Payment is due in thirty (30) days of the invoice date.

Very truly yours,
HKT Architects Inc.

Janet M. Slemenda, AIA, LEED-AP, Principal

cc: Tim Cummings, City of Nashua
File

file INHKT Projects\22003 Nashua DPW Office Building\Administration\Contract + Budget\Additional Services\22003 Amend 2 Scope
Letter Structural 21-10-14 docx

City of Nashua

Purchasing Department
Administrative Services Division (603) 589-3330

229 Main Street - Nashua, NH 03060 Fax (603) 594-3233

November 16, 2021
Memo #22-187

TO: Mayor Donchess

Finance Committee

SUBJECT: Construction Management Services for a new DPW Administrative Office Building in the
amount not to exceed $12,025,000 funded from 54210 Construction/Pending Bond

Approval

Please see attached communications from Tim Cummings, Director of Economic Development, dated
November 4, 2021 for project specific details related to this purchase. Below please find a summary of the

purchase approval request:

Item: Construction Management of the new DPW Administrative Office Building to be
located off West Hollis Street adjacent to the Four Hills Landfill

Value: not to exceed $12,025,000

Vendor: Harvey Construction

Department: 160 Engineering
Source Fund: 54210 Construction

Ordinance: 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.

An RFQ for this project was issued on 7/1/2019 and bids from the following vendors were received:

Vendor Location Note
Northpoint Construction Management Hudson, NH

North Branch Construction Concord, NH

Turnstone Corporation Milford, NH

Hutter Construction Corporation

New Ipswich, NH

Vendor is not in good standing with the City

Harvey Construction Corporation

Bedford, NH

Landry & French

Nashua, NH

We recommend this bid to be awarded to the vendor who best met the RFQ specified requirements. The
Board of Public Works (11/4/21 BPW meeting), Economic Development Division, Division of Public Works:
Engineering and the Purchasing Department respectfully request your approval of this contract.

Regards,
Kelly Parkinson

Purchasing Manager

Ce: L Fauteux
T Cummings
C O'Connor

Jim Donchess
Mayor e City of Nashua

To: Board of Aldermen

From: Mayor Jim Donchess

Date: November 9, 2021

Re: Contract Award in excess of $1,000,000 — Construction Management Services for new

DPW Administrative Office Building

Pursuant to NRO: § 5-74/B: E. Approval by the Finance Committee of a contract award in excess of
$1,000,000 shall be submitted to the full Board of Aldermen at its next regularly scheduled meeting
for final approval prior to award of the contract.

The Finance Committee has approved and placed on file the notification of the award of the
referenced contract at the November 17, 2021 meeting and as such | am requesting the full Board of
Alderman approve the following contract:

Item: Construction Management of the new DPW Administrative Office
Building to be located off West Hollis Street adjacent to the Four Hills
Landfill

Value: $12,025,000 (not to exceed)

Vendor: Harvey Construction Corporation

Purchasing Memo#: 22-187 dated November 9, 2021

Contract Term: to project completion

Thank you.

229 Main Street * PO Box 2019 * Nashua, New Hampshire 03061-2019
603.589.3260 * fax 603.594.3450 * NashuaMayor@NashuaNH.gov
www. NashuaNH.gov

gaa) THE CITY OF NASHUA “the Gate Cy"

Office of Economie Development

TO: Jim Donchess, Mayor & Michael O’Brien, Chair
FROM: — Tim Cummings, Economic Development Director
Date: November 04, 2021

RE: Approval of AIA — Document A133-2009 Contract for Construction
Manager Services with Harvey Construction

The enclosed document is a contract for construction management services for a new DPW
Administrative Office Building located on land off West Hollis Street and adjacent to the Four
Hills Landfill.

There is a target date to begin construction in spring of 2022 and the building is currently in a
preconstruction design stage. To date schematic design and design development phases have
been completed and the project is more than 50% the way through construction design
documents. The project has been costed and with any type of construction management contract
a final figure will not be realized until a Guaranteed Maximum Price (“GMP”) is set through a
GMP Amendment per section 5.2 of the attached agreement.

I am requesting a not to exceed figure of $12,025,000 be used to approve this contract. This
represents a construction budget of $10,525,000 and a $1,500,000 contingency budget. These
figures align with previous representations targeting a total project budget of $15,000,000.

Harvey Construction is a known and reputable construction management firm. Previously,
Harvey built both High Schools in Nashua. They have performed a lot of construction related
work on the city’s behalf over the years. However, their services were competitively procured
through a qualifications based selection process. A Request for Qualifications (“RFQ”) was
issued in the summer of 2019 and nine firms’ submitted proposals. Three firms were selected for
interviews with an internal selection committee. Harvey rose to the top as a preferred choice.

Harvey Construction’s management fee is set for 2.9%, which is slightly better than their most
recent building projects for the city at 3.2% and 3.0% respectfully.

THANK YOU.

229 Main Street, Suite 234 - Nashua, New Hampshire 03060 + Phone (603) 589-3106

AMENDED
R-17-122

RESOLUTION

ESTABLISHING A PERFORMING ARTS CENTER STEERING COMMITTEE

CITY OF NASHUA

In the Year Two Thousand and Seventeen
RESOLVED by the Board of Aldermen of the City of Nashua that

WHEREAS, the City recently concluded a feasibility study for a Performing Arts Center;

WHEREAS, the study recommended the preferred site be located at 201 Main Street (known as
the former location of “Alec Shoes");

WHEREAS, the City strongly supports increased economic development to provide additional
jobs for residents of Nashua and the region, to expand business within the City’s downtown, and
to develop a healthy robust downtown economy, which will create a stronger tax base;

WHEREAS, the creation of a Performing Arts Center is a proven strategy leading to a stronger
and healthier downtown economy; and

WHEREAS, one of the critical next steps is to formulate a steering committee to help guide the
next phases of a Performing Arts Center;

NOW THEREFORE, BE IT RESOLVED by the Board of Alderman of the City of Nashua
that a Performing Arts Center Steering Committee be established as follows:

(a) The committee shall be responsible for making recommendations to the mayor
and the board of aldermen for the physical design planning and construction of a
Performing Arts Center located at 201 Main Street. Furthermore the committee shall
develop an operational and strategic plan for the Performing Arts Center.

(b) The committee shall consist of eleven (11) members. One (1) member shall be the
mayor or his or her designee. One (1) member shall be a representative from the Greater
Nashua Chamber of Commerce who shall be appointed by the Chamber’s
President/CEO. Three (3) members shall be representatives of the Nashua Arts
Commission who shall be appointed by vote of a majority of the Arts Commission.

Init.

MATA Document A133" ~ 2009

Standard Form of Agreement Between Owner a
as Constructor where the basis of payment is the Cost

Guaranteed Maximum Price

AGREEMENT made as of the Third day of May in the year 202}
(In words, indicate day, month and year.)

BETWEEN the Owner:
(Name, legal status and address)

City of Nashua New Hampshire
229 Main Street
Nashua, NH 03060

and the Construction Manager:
(Name, legal status and address)

Harvey Construction Corporation
10 Harvey Road
Bedford, NH 03110

for the following Project:
(Name and address or location)

Construction of a New D.P.W. Administration Office Bldg
840 W. Hollis Street
Nashua, NH 03062

The Architect:
(Name, legal status and address)

HKT Architects
24 Roland Street, Suite 30]
Charlestown, MA 02] 29

The Owner’s Designated Representative:
(Name, address and other information)

Lisa Fauteux, Director of Public Works

Nashua Public Works Administration & Engineering
9 Riverside StreetNashua, NH 03062

Telephone Number: 603-589-3140

Email Address: FauteuxL@nashuanh.goy

The Construction Manager’s Designated Representative:
(Name, address and other information)

AIA Document A133” — 2009 (formerly A121 ™CMc - 2003). Copyright © 1994

The “American Inst tule of Architects,” “AIA,” the AIA Logo, and “AIA Contract Doc

nd Construction Manager
of the Work Plus a Fee with a

ADDITIONS AND DELETIONS:
The author of this document has
added information needed for its
completion. The author may also
have revised the text of the original
AIA standard form. An Additions and
Deletions Report that notes added
information as well as revisions to
the standard form text is available
from the author and should be
reviewed. A vertical line in the left
margin of this document indicates
where the author has added
necessary information and where
the author has added to or deleted
from the original AIA text.

This document has important legal
consequences. Consultation with an
attorney is encouraged with respect
to its completion or modification.

AIA Document A201 ™_2007,
General Conditions of the Contract
for Construction, is adopted in this
document by reference. Do not use
with other general conditions unless
this document is modified.

cuments® Terms of Service. To report copyright violations, e-mail

Init.

William E. Stevens
10 Harvey Road
Bedford, NH 03110

email Address: wstevens@hccnh.com

The Architect’s Designated Representative:
(Name, address and other information)

Janet Slemenda

24 Roland Street, Suite 301 Charlestown, MA 02129
Telephone Number: 617-776-6545

Email Address: JSLEMENDA@bktarchitects.com

The Owner and Construction Manager agree as follows.

AIA Document A133™ ~ 2009 (formerly A121™CMc - 2003). Copyright © 1991, 2003 and 2009 by The American lastitute of Architects. All rights reserved,
The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission.
This document was produced by AJA software at 11:15:33 ET on 05/04/2021 under Order No.4797552925 which expires on 09/23/2021, is not for resale, is
ticensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail

copyright@aia org.
User Notes:

init.

TABLE OF ARTICLES

1 GENERAL PROVISIONS

2 CONSTRUCTION MANAGER'S RESPONSIBILITIES

3 OWNER’S RESPONSIBILITIES

4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES
5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES
6 COST OF THE WORK FOR CONSTRUCTION PHASE

7 PAYMENTS FOR CONSTRUCTION PHASE SERVICES

8 INSURANCE AND BONDS

9 DISPUTE RESOLUTION

10 TERMINATION OR SUSPENSION

11 MISCELLANEOUS PROVISIONS

12 SCOPE OF THE AGREEMENT

EXHIBIT A GUARANTEED MAXIMUM PRICE AMENDMENT

ARTICLE 1 GENERAL PROVISIONS

§ 1.1 The Contract Documents

The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other
Conditions), Drawings, Specifications, Bid documents, Addenda issued prior to the execution of this Agreement,
other documents listed in this Agreement, and Modifications issued after execution of this Agreement, all of which
form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein. Upon
the Owner’s acceptance of the Construction Manager’s Guaranteed Maximum Price proposal, the Contract
Documents will also include the documents described in Section 2.2.3 and identified in the Guaranteed Maximum
Price Amendment and revisions prepared by the Architect and furnished by the Owner as described in Section 2.2.8.
The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior
negotiations, representations or agreements, either written or oral. If anything in the other Contract Documents,
other than a Modification, is inconsistent with this Agreement, this Agreement shall govern.

§ 1.2 Relationship of the Parties

The Constniction Manager accepts the relationship of trust and confidence established by this Agreement and
covenants with the Owner to cooperate with the Architect and exercise the Construction Manager’s skill and
judgment in furthering the interests of the Owner; to furnish efficient construction administration, management
services and supervision; to furnish at all times an adequate supply of workers and materials; and to perform the
Work in an expeditious and economical manner consistent with the Owner’s interests. The Owner agrees to furnish
or approve, in a timely manner, information required by the Construction Manager and to make payments to the
Construction Manager in accordance with the requirements of the Contract Documents.

§ 1.3 General Conditions

For the Preconstruction Phase, ALA Document A201™-—2007, General Conditions of the Contract for Construction,
shall apply only as specifically provided in this Agreement. For the Construction Phase, the general conditions of the
contract shall be as set forth in A201~2007, which document is incorporated herein by reference. The term
“Contractor” as used in A201-2007 shall mean the Construction Manager.

AIA Document A133” — 2009 (formerly A121™CMc - 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved.
The “American Institute of Architects,” “AIA,” the AlA Logo, and “AIA Contract Documents” are registered trademarks and may nol be used without permission
This document was produced by AIA software at 11:15:33 ET on 05/04/2021 under Order No.4797552925 which expires on 09/23/2021, is not for resale, is
licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail
copyright@aia.org.

User Notes: (3B9ADA4E)