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e Abramson: $600
Renderings: $3,000 (up to 3 ICON in-house renderings)
*Includes 2 ICON representatives (Principal and PM)

On-Call Consultant Additional Hourly Rates:
e Legal Due Diligence: $300/hour
e = Civil Engineering: $120-$185/hour

END OF PROPOSAL

ICON ARCHITECTURE 101 SUMMER ST BOSTON MA 02110 617.451.3333 ICONARCH.COM

City of Nashua

Purchasing Department

Administrative Services Division

229 Main Street - Nashua, NH 03060

October 27, 2021
Memo #22-183

TO: Mayor Donchess

Finance Committee

SUBJECT: Feasibility Study for Elm Street Middle School in the amount not to exceed $120,000

funded from accounts 53142 Consulting Services/Escrow

Please see attached communications from Tim Cummings, Director of Economic Development, dated
October 26, 2021 for project specific details related to this purchase. Below please find a summary of the

purchase approval request:

Item: Feasibility Study/Design Services Contract for Elm Street Middle School
Value: not to exceed $120,000
Vendor: Marvel Design

Department: 183 Economic Development
Source Fund: 53142 Consulting Services/Economic Development Escrow Funds

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.

A competitive bidding RFP for this project was issued on April 26, 2021 and the following bids were

received:
Vendor Location Amount Note
MARVEL New York, NY $148,500
Icon Architecture Boston, MA $75,000
Cube 3 Lawrence, MA $181,000
Market Square Architects | Portsmouth,NH | $55,530

We recommend this bid to be awarded to the lowest total cost vendor who met the RFP specified
requirements. The Economic Development Division, and the Purchasing Department respectfully request

your approval of this contract.

Regards,
Kelly Parkinson

Purchasing Manager

Ce: T Cummings
J Graziano

(603) 589-3330
Fax (603) 594-3233

THE CITY OF NASHUA “The Cate City’

Office of Economic Development

TO: Jim Donchess, Mayor

FROM: Tim Cummings, Economic Development Director

Date: October 26, 2021
RE: Approval of Elm Street Middle School Feasibility Study / Design
Contract

The enclosed documents is a contract for your approval where we will be looking to enter into a
professional services design contract with Marvel Design. The main driver of this 1s contract is
the need to better understand how the Elm Street Middle School land and/or building can be

repurposed, because we will be closing the facility with the creation of the new middle school.

The Office of Economic Development has been charged with developing a strategic plan that
looks to put this building and land area back in to productive service. A procurement
methodology of a Request For Proposals (“RFP”) was used. This RFP was for consulting
services to develop a feasibility study on the Elm Street Middle School.

The feasibility study will analyze all of the relevant factors —including economic, technical,
legal, timing, and risk considerations - to ascertain the likelihood of completing the development
successfully. The conclusions should include a complete listing of the pros and cons, which will

allow for a major investment in a capital outlay to be made with confidence.

In closing, the RFP set out a provision to ensure that the Keefe Auditorium is prioritized

understanding the community sentiments around this amenity.

THANK YOU.

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

CONTRACT FOR PROFESSIONAL SERVICES

TITLE

A CONTRACT BETWEEN

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

Marvel
NAME AND TITLE OF PROFESSIONAL CONSULTANT

145 HUDSON ST. 3®° FL. NEW YORK, NY, 10013
ADDRESS OF PROFESSIONAL CONSULTANT

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

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

WHEREAS, Professional Consultant 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

AG1 of 4

Board of Aldermen — 9/12/17 Page 45
Alderman Cookson

| understand. I’m just explaining why | am asking the question. You’re going to stop me after all of this? | think it’s
poor taste.

President McCarthy
It’s out of order. We took a vote.
Alderman Cookson
Poor taste, Alderman McCarthy.

NEW BUSINESS — ORDINANCES

O-17-042
Endorser: Alderman Tom Lopez
AUTHORIZING STOP SIGNS ON NORTH SEVENTH STREET AT ITS INTERSECTION WITH
GRAND AVENUE
Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE by President McCarthy
O-17-043
Endorser: Alderman Tom Lopez
RESCINDING THE AUTHORIZATION FOR PARKING METERS ON THE NORTH SIDE OF EAST
PEARL STREET BETWEEN QUINCY STREET AND HOLMES STREET
Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE by President McCarthy

O-17-044
Endorsers: Alderman-at-Large Lori Wilshire
Alderman June M. Caron
Alderman Richard A. Dowd
Alderwoman Mary Ann Melizzi-Golja
REVISIONS TO THE CITIZENS ADVISORY COMMISSION FOR COMMUNITY GRANTS
Given its first reading; assigned to the HUMAN AFFAIRS COMMITTEE by President McCarthy

PERIOD FOR GENERAL PUBLIC COMMENT

President McCarthy

One person had signed up, Paula Johnson. Ms. Johnson is not here. We had a sign-up sheet out at the
beginning of the meeting.

(Inaudible remarks from a member of the audience)

President McCarthy

We have a procedure. Actually, somebody make a motion to suspend the rules. I’m not going to do this on my
own.

MOTION BY ALDERMAN CLEMONS TO SUSPEND THE RULES TO ALLOW ANYONE WHO WOULD
LIKE TO SPEAK
MOTION CARRIED

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, Professional Consultant shall
furnish all services, equipment, and materials and shall perform all operations necessary and required to
carry out and perform in accordance with the terms and conditions of the contract the work described.

DESCRIPTION OF WORK:

3. PERIOD OF PERFORMANCE. Professional Consultant shall perform and complete all work by 6/30/22__

which date shall only be altered by mutually approved written agreement to extend the
period of performance or by termination in accordance with the terms of the contract. Professional
Consultant shall begin performance upon receipt of an Executed Contract and a valid Purchase Order
issued from the City of Nashua.

4. COMPENSATION. Professional Consultant agrees to perform the work for a total cost not to exceed
($120,000.00_)

The Contract Sum shall include all items and services necessary for the proper execution and completion
of the Work.

Unless Professional Consultant has received a written exemption from the City of Nashua, Professional
Consultant shall submit monthly requests for payment for services performed under this agreement in
accordance with the values stated in the Agreement. Such requests shall be supported by such data
substantiating the Professional Consultants right to payment as the City of Nashua may reasonably require.
Professional Consultant shall submit monthly requests for payment for services performed under this
agreement shall be submitted as follows:

>» Electronically via email to VendorAPInvoices @ NashuaNH.gov

OR
» Paper Copies via US Mail to:

City of Nashua, City Hall
Accounts Payable

229 Main Street

Nashua, NH 03060

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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 Consultant agrees to provide the following with each request for payment:

1. Appropriate invoice forms. The forms shall 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 period, 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 Professional Consultant. The City of
Nashua will pay Professional Consultant within 30 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.

5. EFFECTIVE DATE OF CONTRACT. This contract shall not become effective until executed by the City
of Nashua.

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 carrier, or by United States mail, postage
prepaid, and registered or certified, and shall be addressed to:

CITY OF NASHUA REPRESENTATIVE: PROFESSIONAL CONSULTANT REPRESENTATIVE:

James Donchess Guido Hartray - Marvel
229 Main St. 145 Hudson St. 3“ fl.
Nashua, NH 03060 New York, NY 10013

Any notice required or permitted under this contract, if sent 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 Professional Consultant may change the address or representative by giving written
notice to the other party.

AG 3 of 4

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

City of Nashua, NH (signature) (signature)

James W. Donchess, Mayor
(Printed Name and Title) (Printed Name and Title)

Date Date

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EXHIBIT A
TABLE OF CONTENTS
GENERAL CONDITIONS

DEFINITIONS

PROFESSIONAL CONSULTANT STATUS
STANDARD OF CARE

CIry 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
Ciry 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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1.

General Terms and Conditions

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

PROFESSIONAL CONSULTANT STATUS The parties agree that Professional Consultant shall
have the status of and shall perform all work under this contract as a Professional
Consultant, 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 Professional Consultant, and nothing in this contract shall create any
contractual relationship between the City of Nashua and Professional Consultant's
consultants, sub consultants, contractors, or subcontractors. The parties also agree that
Professional Consultant 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 Professional Consultant 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 Professional Consultant shall be responsible for the professional
quality, technical accuracy, timely completion, and coordination of all work performed
under this contract. Professional Consultant 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 Professional Consultant 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, Professional Consultant 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 Professional Consultant'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
Professional Consultant shall not in any way relieve Professional Consultant 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 Professional Consultant'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 Professional Consultant shall be and remain
liable in accordance with the terms of the contract and applicable law.

Professional Consultant shall furnish competent and skilled personnel to perform the work
under this contract. The City of Nashua reserves the right to approve key personnel

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