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SUPERVISION:

The City reserves the right to inspect the work being performed and to determine whether it is being
performed in a good and “workmanlike” manner. The Contractor shall have the ultimate authority to
determine the hours of work, the length of workdays, the means and methods of performance of the
work, and the City shall not interfere in this regard.

INVOICES:

The Contractor agrees to provide the City with monthly invoices, including copies of all applicable
receipts, for all work performed on a monthly basis.

SUBCONTRACTORS OR ASSISTANTS:

The Contractor agrees to pay any wages, taxes, unemployment insurance, withholding taxes, and
workers compensation insurance required by law for assistants or subcontractors. Said assistants or
subcontractors will be paid and supervised directly by the Contractor. Any subcontractor used is the
agent of the Contractor and not the City of Nashua. Subcontractors are subject to the same insurance
requirements as the Contractor.

INSURANCE:
Contractor shall carry and maintain in effect during the performance of services under this contract:
General Liability insurance in the amount of $1,000,000 per occurrence; $2,000,000 aggregate;

and Workers' Compensation Coverage in compliance with the State of New Hampshire statutes,
$100,000/$500,000/$100,000.

Contractor shall maintain in effect at all times during the performance under this contract all specified
insurance coverage with insurers. None of the requirements as to types and limits to be maintained by
Contractor are intended to and shall not in any manner limit or qualify the liabilities and obligations
assumed by Contractor under this contract. The City of Nashua shall not maintain any insurance on
behalf of Contractor. Subcontractors are subject to the same insurance requirements as Contractor and it
shall be the Contractor’s responsibility to ensure compliance of this requirement.

Contractor will provide the City of Nashua with certificates of insurance for coverage as listed below and
endorsements affecting coverage required by the contract within ten calendar days after the City issues
the notice of award. The City of Nashua requires thirty days written notice of cancellation or material

change in coverage. The certificates and endorsements for each insurance policy must be signed by a
person authorized by the insurer and who is licensed by the State of New Hampshire. General Liability

City of Nashua HOPWA contract Page 3

and Employers’ Liability polices must name the City of Nashua as an additional insured and reflect on the
certificate of insurance. Contractor is responsible for filing updated certificates of insurance with the City
of Nashua's Risk Management Department during the life of the contract.

All deductibles and self-insured retentions shall be fully disclosed in the certificate(s) of insurance.

If aggregate limits of less than $2,000,000 are imposed on bodily injury and property damage, Contractor
must maintain umbrella liability insurance of at least $1,000,000. All aggregates must be fully disclosed
on the required certificate of insurance.

The specified insurance requirements do not relieve Contractor of its responsibilities or limit the amount of
its liability to the City or other persons, and Contractor is encouraged to purchase such additional
insurance, as it deems necessary.

The insurance provided herein is primary, and no insurance held or owned by the City of Nashua shall be
called upon to contribute to a loss.

INDEMNIFICATION:

The Contractor agrees to indemnify, defend and hold harmless the City (the “Indemnified Party”) from
and against any and all liabilities, damages, losses, claims, causes of action, costs and expenses, of any
kind or nature (including but not limited to reasonable attorneys’ fees), incurred or sustained by or
asserted against the Indemnified Party in any manner directly or indirectly arising out of Contractor’s
work performed under this Agreement. However, the Contractor’s indemnification obligation shall not
apply to liability arising from the negligence or misconduct of the Indemnified Party

CONTRACTOR:

The Contractor agrees that it is completely independent from the City and is not an employee of the
City. The Contractor warrants that it may work for other individuals and/or entities.

CHOICE OF LAW AND VENUE:

The laws of the State of New Hampshire shall govern this AGREEMENT exclusively and any litigation
related to this AGREEMENT shall be brought to a court located in the State of New Hampshire.

CONFIDENTIALITY:

The Contractor acknowledges that, while performing service under this Agreement, the Contractor will
have access to information that is confidential. The Contractor will keep this information confidential

City of Nashua HOPWA contract Page 4

and will not disclose it to any other person. This obligation of confidentiality is continuous in nature and
does not expire.

Honorable James Donchess, Mayor Date
City of Nashua
Peter Kelleher, President Date

Harbor Homes, Inc.

City of Nashua HOPWA contract Page 5

Jim Donchess
Mayor e City of Nashua

To: Board of Aldermen

From: Mayor Jim Donchess

Date: May 12, 2021

Re: Contract in Excess of S1M Award — Transit Center Rehab Construction

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 May 19, 2021 meeting and as such | am requesting the full Board of
Alderman approve the following contract:

Item: Construction for the Retrofit at the Nashua Transit Center
Value: $1,129,710
Vendor: DL King & Associates
Purchasing Memo#: 21-119 dated May 12, 2021
Contract Term: tbd
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

City of Nashua

Purchasing Department

Administrative Services Division
229 Main Street - Nashua, NH 03060

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

May 12, 2021
Memo #21-119

TO: Mayor Donchess

Finance Commi

ttee

SUBJECT: Construction/Rehab at the Nashua Transit Center in the amount of $1,129,710 funded from

accounts 54210 Lead Hazzard Remediation & 81650 Land Improvements

Please see attached communications from Camille Pattison, Transportation Manager, dated April 30, 2021 for
project specific details related to this purchase. Below please find a summary of the purchase approval request:

Item: Rehab Construction at the Nashua Transit Center
Value: $1,129,710
Vendor: DL King & Associates

Department: 186 Transportation
Source Fund: 81650 Land Improvements & 54210 Lead Hazzard Remediation

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 2/2/2021 and the following bids were received:

Vendor Location Amount Note
D.L. King Nashua NH $1,191,961.85
A second competitive bidding RFP for this project was issued on 3/16/2021 and the following bids we
Vendor Location Amount Note
D.L. King Nashua NH $1,129,710

re received:

We recommend this bid to be awarded to the lowest total cost vendor who met the RFP specified requirements.

The Community Development Division: Transportation Department, and the Purchasing Department respectfully
request your approval of this contract.

Regards,
Kelly Parkinson

Purchasing Manager

Ce: C Pattison
J Graziano

. Community Development 589-3095
City of Nashua Planning and Zoning 589-3090

. soe Building Safety 589-3080
Community Development Division Code Enforcement 589-3100
City Hall, 229 Main Street, PO Box 2019 Cee naratns mission LBo aioe
Nashua, New Hampshire 03061-2019 Transportation 880-0100
www.nashuanh.gov FAX 589-3119

Date: April 30, 2021

To: Jim Donchess, Mayor
From: Camille Pattison, Transit Administrator

Re: Finance Committee —Construction Services for Nashua Transit Center Retrofit

In 2018 and 2020 Nashua Transit System (NTS) was awarded nationally competitive 5339 grant
funds from the Federal Transportation Administration (FTA), to support the retrofit of the aging
Transit Center. The Transit Center currently faces an array of infrastructure and safety concerns
including deteriorating drainage and pavement, falling snow and ice, and insufficient bathroom
facilities.

In late 2019, the Engineering and Design phase of the project began and has recently been
completed. The next step is starting the construction work at the Transit Center and the adjacent
pavement and site work. The City released two bids for the Transit Center Retrofit Project, one on
February 2, 2021 and one on March 15, 2021. On both occasions, only one submittal was
received from D.L. King & Associates, Inc.

NTS has worked closely with the FTA to sufficiently document the procurement process and move
forward on a sole source award. Staff have determined that competition was fair and adequate,
there was no undue restrictiveness, and input was obtained from potential companies who did not
submit a bid. Companies elected not to bid for a number of reasons including limited staff and
subcontractors and scheduling challenges. With the support of the FTA and in accordance with
NRO Sec. 5-84 (A) (5), special purchasing procedures for sole source procurements, Nashua
Transit recommends award of this project to D.L. King & Associates, Inc. in an amount not to
exceed $1,129,710.

D.L. King & Associates, Inc has a long history of successfully working with the City and is a
responsive and responsible bidder.

27 Tanglewood Dr.

Nashua, NH 03062
Office: 603-883-5880
Fax: 603-883-5061

& Associates, Ine.

April 9, 2021

Ms. Kelly Parkinson

Purchasing Manager City of Nashua
229 Main Street

Nashua, NH 03061

Re: RFP 0979-04082 1 — Nashua Transit Center Retrofit

Dear Ms. Parkinson:

D.L. King & Associates, Inc. is pleased to provide the following proposal. The attached design-build
quotation includes design reviews, submittals of shop drawings, Product Data Sheets, and includes all
labor and materials in response to the IFB.

DL King & Associates, Inc. has completed numerous D-B and renovation projects for the City of Nashua
including:

Legal Office Renovation

Assessing, DMV & Clerk’s Office Renovations

DMV CDC Temporary Relocation

Renovation of Nashua Aldermanic Chamber

Nashua Police Exterior Bullet Resistant Window Replacement
Pennichuck Water Works Museum

City Clerk's Office and Elm. St. Entrance

Exterior Window City Hall Window Replacement

Nashua Transportation Maintenance Garage CNG Repair Station

VV VV Vv VY Vv VY

Nashua DPW CNG Garage Repair Station

We have a successful track record of completing quality projects, on time, within budget and with a
minimal disruption of the City Hall daily business activities.

We have included our CDC Compliant Safety Plan that we have implemented on our current State and
Federal Projects.

DL KING & ASSOCIATES, INC. Total Quotation is.......... $1,129,710.00

Thank you for the opportunity to bid this work. Please do not hesitate to contact me should you have any
questions regarding this proposal.

Arthur E. King, PE

General Contractor & Construction Manager, EDWOSB, NHDBE

CHANGE ORDER

No. 1
PROJECT: Nashua PD HVAC
OWNER’S CONTRACT NO: N/A
EXECUTED CONTRACT DATE: N/A
DATE OF ISSUANCE; 05-06-2021 EFFECTIVE DATE: N/A____
OWNER: City of Nashua, NH
OWNER’s Purchase Order NO.: 163567

CONTRACTOR: Turnstone Corporation

ENGINEER: Yeaton Associates, Inc.

You are directed to make the following changes in the Contract Documents:
Description:

1) Cooling in Data Closets 113A & 218A

2) Shaft Fire Dampers

3) Tiles and Grid

4) Firing Range Lighting (1 Row Only)

5) Roll Call Room HVAC Extension

Justification:

1) Due to the presence of information technology hardware and components that have been
moved into this closet over the years, and the excessive heat that the equipment generates, the
need for the room to have its own temperature control and regulation was identified.

2) During the course of the installation of the new HVAC system components, it was identified

that these fire dampers needed to be installed in order to bring the system into compliance with
code.

Nashua Transit Schedule of Values

QUANTITY ITEM DESCRIPTION UNIT BID PRICE IN WORDS UNIT COST TOTAL AMOUNT
" 17.55 00
ll 936.00 00
23.40 00
50 23.40
46.80
00
35.10
550 40.
58.
430 T 146 -50
QUANTITY ITEM DESCRIPTION BID PRICE IN WORDS UNIT COST TOTAL AMOUNT
30 200.00 000.00
200.00 5,000.00
417 50 58. 00
Five Dollars and Ten Cents 35.10 7,897.50
603.81206 T Three Dollars and Cents 23.40 936.00
T Nine Dollars and Five Dollars 29 00
604.0007 Two Thousand Nine Hundred T Five Dollars and Zero Cents 00 23,400.00
3 00 26. 00
604.324 3,393.00 13 00
3,510.00 7,020.00
604.4 755.00 3,510.00
755.00 7,020.00
ITEM NO. QUANTITY ITEM DESCRIPTION BID PRICE IN WORDS UNIT COST TOTAL AMOUNT
585.00 3,510.00
604.72 585.00 680.00
755.00 755.00
606.6201 351.00 5, 00
42.52 5.00
48.80 9,760.00
210.60 421.20
157.61 3,152.20
53.82 .50
99.45 431.25
585.00 755.00
ITEM NO. QUANTITY ITEM DESCRIPTION BID PRICE IN WORDS UNIT COST TOTAL AMOUNT
00 404.00
609.5 35.10 23 00
245.70 3,685.50
611.90001 351,00 3,159.00
117 5. 00
614.511 00 680.00
28.08 492.80
615.03201 81 4,095.00
585.00 00
615.0601 50 81 4,095.00
Thousand Dollars and Zero Cents 20,000.00 20,000.00
618.7 500 T 42.71 21,355.00
ITEM NO. QUANTITY ITEM DESCRIPTION BID PRICE IN WORDS UNIT COST TOTAL AMOUNT
619.1 1 Maintenance of Traffic Twenty One Thousand Six Hundred Forty Five Dollars and Zero Cents Per unit 21,645.00 21,645.00