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Phase 4 Garden Street N Transit Center

Remove and dispose of pavement

saw cutting along parking garage and elm street

construct garden street to full depth up to top of binder course
Drainage systems (catch basins and drains)

Phase 5 East Side Transit Center
reconstruction of sidewalk

remove and reset curb

remove and dispose of pavement
Construct drainage improvements
saw cutting of furthest eastside edge

Phase 6 Final Paving Topcoat, Signs & Stripping Off Shift/Night Work+
Parking lot lines

Cross walks

stamped hot bituminous pavement in some areas to act as cross walks.

J. LAW R E N GCG E J. Lawrence Hall Co., Inc. jp 603-882-2021
al A I | 17 Progress Avenue Ff 603-882-1287
Nashua, NH 03062 w www. jlawrencehall.com

October 5, 2021

Turnstone Corporation
479 Nashua St.
Milford, NH 03055

Altn: Tony Dacosta

Subject: Nashua Police Department HVAC Upgrade
Re: RFI #2 Cooting in Data Closets 113A & 218A

We are pleased to provide the following quote to add exhaust in data closets 113A & 218A per revised
drawing (1.9 and the attached revised drawing M1.12. The attached drawing shows in red how the exhaust
was run for room 218A. The 6" duct running thru room 218A had already been installed before RFI#2 was
answered.

Total Price: $1,983.00
if there any questions regarding this quote, please do not hesitate to call.

Sincerely,

fo,
vA AAS

Robert Hansen
Sales Engineer

Engineered Air Conditioning & Energy Cantrol Systems

STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR

THIS AGREEMENT is dated as of the day of in the year 2021. by and between
the City of Nashua, New Hampshire (hereinafter called OWNER) and __D.L. King & Associates, Inc.
and its successors, transferees and assignees together (hereinafter called CONTRACTOR).

OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:
ARTICLE 1 - WORK

1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents.
ARTICLE 2 - THE PROJECT

2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally
described as follows:

The scheduled work for the Nashua Transit Center Retrofit project consists of roadway and pedestrian
improvements along Garden Street at Elm Street, in the vicinity of the Nashua Transit Center and Nashua
City Hall, as well as building renovations to the Nashua Transit Center station, located on Garden Street
between City Hall and the Elm Street parking garage. The work includes but is not limited to the
following: excavation, paving, modifying of drainage structures, installing drainage structures and pipes,
resetting of existing granite curb and installation of new granite curb, full depth roadway construction,
cement concrete sidewalk and curb ramps, traffic signing and pavement markings, landscaping, lighting,
traffic control management during construction, and renovation of the existing Nashua Transit Station
building; including demolition and reconstruction of toilet rooms, replacement of interior floor and wall
finishes, new window, electrical and data outlets, replacement of existing HVAC system and installation
of an ice melting system to the existing platform canopy roof.

ARTICLE 3 - ENGINEER
3.01 The Project has been designed by:
Greenman-Pedersen, Inc. (GPI)
181 Ballardvale Street, Suite 202
Wilmington, MA 01887

who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and
responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection
with completion of the Work in accordance with the Contract Documents.

ARTICLE 4 - CONTRACT TIMES

4.01 Time of the Essence

A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final
payment as stated in the Contract Documents are of the essence of the Contract.

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4.02 Dates for Substantial Completion and Final Payment

A. The Work will be substantially completed within 90 calender days after the date when the Contract Times
commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment,
in accordance with paragraph 14.07 of the General Conditions, within 120 calendar days after the date when the Contract
Times commence to run.

4.03 Liquidated Damages

A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and
that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above,
plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize
the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by
OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and
CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay
OWNER ONE HUNDRED dollars ($100) for each day that expires after the time specified in paragraph 4.02 for
Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR
shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 4.02 for completion
and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay
OWNER ONE HUNDRED dollars ($100) for cach day that expires after the time specified in paragraph 4.02 for
completion and readiness for final payment until the Work is completed and ready for final payment.

B. In the event that the CONTRACTOR fails to pay OWNER the specified liquidated damages amount
within thirty (30) days of CONTRACTOR's being notified of said damages, OWNER may deduct the amount of the
assessed liquidated damages from the final payment or retention withheld pursuant to Article 14 of the General
Conditions.

ARTICLE 5 - CONTRACT PRICE

5.01 Subject to additions and deductions by Change Order, the OWNER shall pay CONTRACTOR, in accordance
with the Contract Documents, the Contract Sum of:

One million one hundred twenty nine thousand seven hundred ten dollars and no cents ($1,129.710.00)

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

A. for all Unit Price Work, an amount equal to the sum of the established Unit Price for each separately
identified item of Unit Price Work times the estimated quantity of that item, as indicated in the attached Bid Schedule:

B. as provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and

determinations of actual quantities and classification are to be made by ENGINEER as provided in paragraph 9.08 of
the General Conditions. Unit prices have been computed as provided in paragraph 11.03 of the General Conditions.

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ARTICLE 6 - PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments

A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General
Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions.

B. CONTRACTOR shall submit Applications for Payment under this agreement directly to:
City of Nashua, City Hall
Attn: Accounts Payable
229 Main Street
Nashua, NH 03060

Please do not submit invoices both electronically and paper copy.

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

6.02 Progress Payments; Retainage

A. Progress Payments. The OWNER will once each month make a progress payment to the
CONTRACTOR on the basis of an estimate of the total amount of work done to the time of the estimate and its value
as prepared by the CONTRACTOR and approved by the ENGINEER. All such payments will be measured by the
schedule of values established in paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based
on the number of units completed) or, in the event there is no schedule of values, as provided in the General
Requirements.

B. Retainage. The OWNER will retain a portion of the progress payment, each month, in accordance
with the following procedures:

1. The OWNER will establish an escrow account in the bank of the OWNER’S choosing.
The account will be established such that interest on the principal will be paid to the
CONTRACTOR. The principal will be the accumulated retainage paid into the account by
the OWNER. The principal will be held by the bank, available only to the OWNER, until
termination of the contract.

2. Until the work is 50% complete, as determined by the ENGINEER, retainage shall be 10%
of the monthly payments claimed. The computed amount of retainage will be deposited in the
escrow account established above.

3. After the work is 50% complete, and provided the CONTRACTOR has satisfied the
ENGINEER in quality and timeliness of the work, and provided further that there is no
specific cause for withholding additional retainage no further amount will be withheld. The
escrow account will remain at the same balance throughout the remainder of the project.

6.03 Final Payment
A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General

Conditions, OWNER shall hold 2% retainage during the 1 (one) year warranty period and release it only after the
project has been accepted.

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ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS

7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:

A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related
data identified in the Bidding Documents.

B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local,
and Site conditions that may affect cost, progress, and performance of the Work.

C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations
that may affect cost, progress, and performance of the Work.

D. CONTRACTOR has carefully studied all Gf any): (1) reports of explorations and tests of subsurface
conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or
subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the
Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a
Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as
provided in paragraph 4.06 of the General Conditions.

E. CONTRACTOR is entitled to rely upon the general accuracy of the “technical data” as provided in
paragraph 4.2 of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not
Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that
OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data
shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site.

F. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all
additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions
(surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or
performance of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of
construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety
precautions and programs incident thereto.

G. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests,
studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in
accordance with the other terms and conditions of the Contract Documents.

H. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the
Site that relates to the Work as indicated in the Contract Documents.

I. CONTRACTOR has correlated the information known to CONTRACTOR, information and
observations obtained from visits to the Site, reports and drawings identified in the Contract Documents and all
additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents.

J. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or

discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by
ENGINEER is acceptable to CONTRACTOR.

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K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and
conditions for performance and furnishing of the Work.

ARTICLE 8 - CONTRACT DOCUMENTS

8.01 Contents

A. The Contract Documents consists of the following:
1. This Agreement;
2. Nashua Transit Center Retrofit RFP March 15, 2021 -

10.

11.

12.

13.

14.

15

16

17

Refer to 0979-040821_ RFP _NTC_Retrofit_Rebid

General Conditions; - Refer to 0979-040821_RFP_NTC_Retrofit_Rebid
Supplementary Conditions; Refer to 0979-040821_RFP_NTC_Retrofit_Rebid
Bid Bond; Refer to 20210409 DL King Bid #2.

Bid Form; Refer to 20210409 DL King Bid #2.

Performance Bond;

Payment Bond;

Certificate of Insurance

Construction Specifications as listed in Table of Contents
Refer to 0979-040821_RFP_NTC_Retrofit_Rebid

Addenda Number 2 — 0979-040821 Addendum 2
Exhibits, as listed in the Table of Contents, to this Agreement

The following which may be delivered or issued on or after the Effective Date of the Agreement
and are not attached hereto:

a. Written Amendments
b. Change Order(s)

New Hampshire Department of Transportation “Standard Specifications for Road and Bridge
Construction”, latest edition, incorporated by reference.

“Manual of Uniform Traffic Control Devices”, latest edition, incorporated by reference.

City of Nashua, Standard Specifications for Sewers and Drains, Approved and Adopted June
15,1993, incorporated by reference.

City of Nashua, Standard Specifications for Road Construction, Approved and Adopted June 11,
1986, incorporated by reference.

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18 City of Nashua, Standard Specifications for Sidewalk Construction, Approved and Adopted
August 28, 1995, incorporated by reference.

19 City of Nashua Ordinance O-03-219 (Amended) Approved November 14, 2003
20 Fully Executed City of Nashua Purchase Order

B. The documents listed in paragraph 8.01.A are attached to this Agreement (except as expressly noted
otherwise above).

C. There are no Contract Documents other than those listed above in this Article 8.

D. The Contract Documents may only be amended, modified or supplemented as provided in paragraph
3.04 of the General Conditions.

ARTICLE 9 - MISCELLANEOUS
9.01 Terms

A. Terms used in this will have the meanings indicated in the General Conditions.
9.02. Assignment of Contract

A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on
another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation,
moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent
that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written
consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the
Contract Documents.

9.03 Successors and Assigns

A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal
representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all
covenants, agreements, and obligations contained in the Contract Documents.

9.04 Severability

A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or
Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER
and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or
part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the
stricken provision.

9.05 Choice of Law and Venue

A. This Agreement shall be goverened 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
refereable in anyway thereto shall be brought in Hillsborough County (New Hampshire) Superior Court
Southern Judicial District or in the New Hampshire 9" Circuit Court — Nashua and not elsewhere.

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Address for giving notices to OWNER: Address for giving notices to CONTRACTOR:

Division of Community Development
Sarah Marchant, AICP D.L King & Associates, LLC
229 Main Street
P.O. Box 2019
Nashua, NH 03061

IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart
each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have
been signed, initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf.

CITY OF NASHUA —- OWNER

James Donchess, Mayor City of Nashua

Date:

CONTRACTOR: D.L. KING & ASSOCIATES, INC

By:

(Authorized Representative)

Print Name:

Date:

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Jim Donchess
Mayor e City of Nashua

To: Board of Aldermen

From: Mayor Jim Donchess

Date: May 12, 2021

Re: Multi-Year Contract Award — Nashua Transit Center & Transit Administration Building
Cleaning

Pursuant to NRO: § 5-74/B: A contract that extends from the current fiscal year into succeeding

fiscal year(s) in which no funds have been appropriated nor otherwise designated for this purpose
shall be approved by the full Board of Aldermen before the contract shall become binding on the

City.

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: Cleaning Services for the Nashua Transit Center and the Nashua
Transit Administration Building
Value: $15,600 per year for 3 years for a contract total of $46,800
Vendor: Bill’s World Class Cleaning Service
Purchasing Memo#: 21-120 dated May 12, 2021
Contract Term: July 1, 2021 through June 30, 2024
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