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Re:

A. Motion:

Attachments:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: October 24, 2019

Nick Caggiano, Superintendent
Parks and Recreation Department

Purchase and installation of a playground for the Salem Street Tot Lot.

To approve the purchase and installation of a playground for the Salem Street Tot
Lot to Ultiplay Playgrounds Inc of Uxbridge, MA pursuant to the Massachusetts
state contract # VC000510633FAC104 in the amount of $39,453. Funding will be
Department 184 Community Development; Fund: Grant; Activities: CDBG 17

Quote and concept drawing

The scope of work for this project will include the installation of the play
structure and wood playground surfacing. The Salem Street Tot Lot is in need of
replacement. Several types of playgrounds were looked at and this model will
bring an element of nature to this urban setting. The goal is to have the area
prepped later this fall and have the playground installed first thing in the spring.
This portion of the rehabilitation will be supplemented by the creation of the
public gardens on the Tolles Street side of the park. The Director and the
Supenntendent recommend this award.

UltiPlay Parks & Playgrounds, Inc.
. PO Box 374 Quote
U ++ O lay, Uxbridge, MA 01569 #:2019Nashuanew

Phone: (508) 634-1497 Fax: (508) 634-6949
Email: dmartin@ultiplayus.com

Nick Caggiano Date: 9/5/2019
Nashua Parks and Recreation Phone#f: 603 589 3370 Rep.: Dyana Martin
100 Concord St. Email:caggianon@nashuanh.gov
Nashua NH 03064
Qty Item # Name Price Total
i play structure/design $31,227.00
15% Discount $4,684.00
Ultiplay install $8,810.00
Freight $2,300.00
Wood playground surfacing { 90yds) $1,800.00:
MA State Contract# VC0000510633
Sub Total $39,453.00
Shipping & Handling
Taxes 0.000% $.00
TOTAL $39,453.00

Comments: This quote is valid for thirty (30) days and
requires our confirmation thereafter. State taxes wiil be
collected unless a tax-exempt certificate is submitted with
order. Delivery can occur within approximately 3 to S weeks
after our receipt of an acceptable ord

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Salem Street Tot Lot

Design Number: 40919-DM-4 - Compliance anid Technical Data
Reference Document: ASTM F1487

Pre- Post-
Unit Total Consumer CcO2e Active
Ref. ASTM Weight Recycled Content Footprint Install Concrete Play
No. Part No. Qty. Description Status (ibs) {Ibs) (kgs) Users Hours (Yds3} Events

«i ASTM F1487

The lay-out for this custom playscape, design number 40919-DM-4, has been configured to meet the requirements of the ASTM F1487 standard. in
addition, each of the above components listed as "Certified" have been tested and are IPEMA certified. Components listed as "Not Applicable” do not fall
within the scope of the ASTM F1487 standard and have not been tested. IPEMA certification can be verified on the IPEMA website, www.ipema.org. In the
interest of playground safety, IPEMA provides a Third Party Certification Service which validates compliance.

a) 2010 ADA Standards for Accessible Design

The lay-out was also designed to meet the 2010 Standards published 15-Sep-2010, by the Department of Justice when installed over a properly maintained
surfacing material that is in compliance with ASTM F1951 "Accessibility of Surface Systems Under and Around Playground Equipment" as well as
ASTM F1292, "Impact Attenuation of Surfacing Materials Within the Use Zone of Playground Equipment", appropriate for the fall height of the structure.

& Installation Times

instatlation times are based on one experienced installar. A crew of three experienced individuals can perform the instalfation within the given time, each
member working 1/3 of the given hours. [Eg. Installation Time = 30 hours. For a crew of three, each member will work 10 hours on the installation fora
total of 30 hours on the project.}

1 Carbon Footprint

The CO2e (carbon footprint given in Kilograms and Metric Tons) listed above is a measure of the environmenta! impact this play structure represents from
harvesting raw materials to the time it leaves our shipping dock. Playworld Systems nurtures a total corporate culture that is focused on eliminating carbon
producing processes and products, reducing our use of precious raw materials, reusing materials whenever possible and recycling materials at every
opportunity. Playworld Systems elected to adopt the Publicly Available Specification; PAS 2050 as published by the British Standards Institute and
sponsored by Defra and the Carbon Trust. The PAS 2050 has gained international acceptance as a specificalion that measures the greenhouse gas
emissions in services and goods throughout their entire fife cycle.

Pre-Consumer Recycle Content

A measurement, in pounds, that qualifies the amount of material that was captured as waste and diverted from landfill during an initia! manufacturing
process and is being redirected to a separate manufacturing process to become a different product. E.g. 100% of our Aluminum Tubing is made from
captured waste material during the manufacturing process of extruded Aluminum products such as rods, fiat bars and H-channets.

Be Post-Consumer Recycle Content

A measurement, in pounds, that qualifies the amount of material that was once another product that has completed its lifecycle and has been diverted from
a landfill as a solid waste through recycling and is now being used in a Playworld Systems’ product. E.g. **20% to 40% of the steel in our steel tubing and
sheet stee! have been diverted from landfills. Automobiles are scrapped and recyclable steel is purchased by the steel mili that produces our raw product.
** The amount of Post-Consumer recycled steel fluctuates daily based on the availability of the recyciad steel,

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866-575-PLAY

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PROJECT NO STALE:
40819-0K4 316"=1°-0"

DRAWN BY Papar Size
DANA GRUQDS

DATE,
28-AUG-18

8

SALEM STREET TOT LOT

STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR

This agreement is made:

BETWEEN the OWNER: City of Nashua, New Hampshire

229 Main Street
Nashua, NH 03060-2019

And the CONTRACTOR: UltiPlay Parks & Playgrounds, Inc.

PO Box 374

Uxbridge, MA 01569

and its successors, transferees and assignees
(together “CONTRACTOR”)

For the following Project: City of Nashua NH

Salem Street Tot Lot Project

ARTICLE 1—- THE CONTRACT DOCUMENTS

The CONTRACTOR shall complete the work described in the Contract Documents for this
project. The documents consist of:

1.

2.
3.

4.
5.

6.

This Agreement signed by the OWNER and CONTRACTOR, including the General
Terms and Conditions;

EXHIBIT A - Bid and Technical Specifications submitted September 5, 2019:

EXHIBIT B - Federal Provisions, Rules, Regulations and Forms, as required by
Community Development Block program requirements;

Certificate of Liability Insurance;

Written change orders for minor changes in the Work issued after execution of this
Agreement; and

Fully Executed OWNER Purchase Order

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 Proposals and the terms of this Agreement, a
written change order and/or fully executed OWNER Purchase Order, the terms of this Agreement,
the written change order or the fully executed OWNER Purchase Order shall control over the
terms of the Proposals

CONTRACT AGREEMENT
Page 1 of it

ARTICLE 2 —~ WORK TO BE PERFORMED

Except as otherwise provided in this contract, CONTRACTOR 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:

Purchase and installation of a play structure, including wood playground surfacing, for the
rehabilitation of the Salem Street Tot Lot located on Shattuck Street in Nashua, NH. Reference
EXHIBIT A attached to this contract agreement.

ARTICLE 3 — PERIOD OF PERFORMANCE

CONTRACTOR shall perform and complete all work by _May 30,2020. 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. CONTRACTOR shall begin
performance upon receipt of an Executed Contract and a valid Purchase Order issued from the
City of Nashua.

ARTICLE 4 — CONTRACT SUM

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

THIRTY-NINE THOUSAND FOUR HUNDRED FITY-THREE DOLLARS
($39,453)
The Contract Sum shall melude all items and services necessary for the proper execution and
completion of the Work.

ARTICLE 5 — INSURANCE AND INDEMNIFICATION

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;
> Motor Vehicle Liability: $1,000,000 Combined Single Limit;*Coverage must include all
owned, non-owned and hired vehicles; and
> Workers’ Compensation Coverage in compliance with the State of NH Statutes,
$100,000/$500,000/$ 100,000.

The parties agree that CONTRACTOR shall have the status of and shall perform all work under
this contract as an independent CONTRACTOR, maintaining control over all its consultants, sub
consultants, or subcontractor’s. The only contractual relationship created by this contract is
between the OWNER and CONTRACTOR, and nothing in this contract shall create any
contractual relationship between the OWNER and CONTRACTOR?’s consultants, sub
consultants, or subcontractor’s. The parties also agree that CONTRACTOR is not an OWNER
employee and that there shall be no:

CONTRACT AGREEMENT
Page 2 of 11

—

Withholding of income taxes by the OWNER:
Industrial insurance coverage provided by the OWNER;

Participation in group insurance plans which may be available to employees of the
OWNER;

. Participation or contributions by either the independent CONTRACTOR or the OWNER

to the public employee’s retirement system;
Accumulation of vacation leave or sick leave provided by the OWNER;
Unemployment compensation coverage provided by the OWNER.

CONTRACTOR will provide the OWNER with certificates of insurance for coverage as listed
below and endorsements affecting coverage required by the contract within ten calendar days after
the OWNER issues the notice of award. The OWNER 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 and Auto Liability policies must name the OWNER as an
additional insured and reflect on the certificate of insurance. CONTRACTOR is responsible for
filing updated certificates of insurance with the OWNER'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.

The specified insurance requirements do not relieve CONTRACTOR of its
responsibilities or limit the amount of its liability to the OWNER 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 OWNER
shall be called upon to contribute to a loss.

CONTRACTOR is responsible for and required to remedy all damage or loss to any
property, including property of the OWNER, caused in whole or part by CONTRACTOR
or anyone employed, directed, or supervised by CONTRACTOR.

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

CONTRACTOR is responsible for and required to remedy all damage or loss to any
property, including property of the OWNER, caused in whole or part by CONTRACTOR
or anyone employed, directed, or supervised by CONTRACTOR.

Regardless of any coverage provided by any insurance, CONTRACTOR agrees to indemnify
and hold harmless the OWNER, its agents, officials, employees and authorized representatives
and their employees from and against any and all suits, causes of action, legal or administrative
proceedings, arbitrations, claims, demands, damages, liabilities, interest, attorney’s fees, costs
and expenses of any kind or nature in any manner caused, occasioned, or contributed to in
whole or in part by reason of any negligent act, omission, or fault or willful misconduct,
whether active or passive, of CONTRACTOR or of anyone acting under its direction or
control or on its behalf in connection with or incidental to the performance of this contract.
CONTRACTOR’s indemnity and hold harmless obligations, or portions thereof, shall not
apply to liability caused by the sole negligence or willful misconduct of the party indemnified
or held harmless.

CONTRACT AGREEMENT
Page 3 of 11

General Terms and Conditions

ARTICLE 6 - GENERAL PROVISIONS

1,

The Contract represents the entire and integrated agreement between the parties and
supersedes prior negotiations, representations or agreements, either written or oral. The
Contract may be amended or modified only by a written modification.

The term “Work” means the construction and services required by the Contract Documents,

and include all other labor, materials, equipment and services provided by the
CONTRACTOR to fulfill the CONTRACTOR’s obligations.

. The intent of the Contract Documents is to include all items necessary for the proper

execution and completion of the Work by the CONTRACTOR. The Contract Documents
are complementary, and what is required by one shall be as binding as if required by all.

In the case of a discrepancy, calculated dimensions will govern over scaled dimensions,
Contract Drawings will govern over Standard Specifications, and Technical Specifications
will govern over both Contract Drawings and Standard Specifications. In the case of a
discrepancy between the Agreement and other Contract Documents, the more specific or
stringent obligation or requirement to the benefit of the OWNER shall take precedence.

. The CONTRACTOR shall take no advantage of any apparent error or omission in the

Contract Drawings or Technical Specifications, and the Engineer will be permitted to make
such corrections and interpretations as may be deemed necessary to fulfill the intent of the
Contract Documents.

ARTICLE 7—- OWNER

1.

Except for permits and fees, which are the responsibility of the CONTRACTOR under the
Contract Documents, the OWNER shall obtain and pay for other necessary approvals,
easements, assessments and charges.

If the CONTRACTOR fails to correct Work that is not in accordance with the Contract
Documents, the OWNER may direct the CONTRACTOR in writing to stop the Work
until the correction is made.

If the CONTRACTOR defaults or neglects to carry out the Work in accordance with the
Contract Documents and fails within a seven (7) day period after receipt of written notice
from the OWNER to correct such default or neglect with diligence and promptness, the
OWNER may, without prejudice to other remedies, correct such deficiencies. In such
case, a Change Order shall be issued deducting the cost of correction from payments due
the CONTRACTOR.

The OWNER reserves the right to perform construction or operations related to the project
with the OWNER’s own forces, and to award separate contracts in connection with other
portions of the project.

The CONTRACTOR shall coordinate and cooperate with separate CONTRACTOR’s
employed by the OWNER.

Costs caused by delays or by improperly timed activities or defective construction shall be
borne by the responsible party.

CONTRACT AGREEMENT
Page 4 of 11