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Fence Company, Inc.

Five Old Ferry Road Methuen, Massachusetts 01844
Tel. (978) 688-2877 / FAX (978) 688-6030

WBE Certified by MA
Supplier Diversity Office

PROPOSAL

To: City of Nashua, NH Dated: 4/20/2018
PAGE 1 of 2
Attention: Fax Number EMAIL
Project: NASHUA, NH - Broad Street Parkway Fence
Contract #:
Owner. City of Nashua, NH
We are pleased to quote on the above captioned project as follows:
Fumished and Installed -
Item No. Est. Qty. Unit Description Unit Price Amount
1 205 LF 36” Chain Link Fence (Pipe Top Rail Only) on Plated Posts $ 90.00 §$ 18,450.00
2 4 EA = 36" Chain Link Fence End Post on Plated Posts $ 485.00 $ 1,940.00
3 71 EA = 36" Chain Link Fence Comer Post on Plated Posts $ 765.00 $ 765.00
4 104 EA Orilling and Setting Anchors in MSC Wail $ 28.50 § 2,964.00
5 3 day Traffic Safety Setup (for Work Zone Only) $ 585.00 $ 1,755.00
Any alteration in the below Specs may result in a requote
Total This Proposal ..........0000002.0cceeccuee eens $ 25,874.00

The above quantities are only estimates; the total of the proposal shall be govemed | by the quantities requirad at the site.
Specs: Line Fence - 2x9x36" Aluminized Fabric, 2" Sch40 Domestic Pipe on 4°x4"x1/4” "Plates anchored using Hilti Expansion

Anchor KB3, 1 5/8" Sch40 Domestic Top Rail

End and Corner Posts- 3” Sch40 Domestic Pipe on 4"x4"x1/4" Plates anchored using Hilti Expansion Anchor KB3.

Braced and Trussed
Terms: See Page 2
Exclusions: See Page 2

Acceptance of Proposal - The above prices,
specifications and conditions are satisfactory and are
hereby accepted. You are authorized to do the work
as specified. Payment will be as outlined above.

Please sign and Return Copy.

Date:
Signature:
Title:

Proposal valid for fifteen (15) days.

Submitted by:

DeLucca Fence Company, Inc.

Janet f, De La

Janet J. DeLucca EXT. 2114

Vice President

Signed Proposal with accompanying deposit, if required, must be returned before work will be scheduled.

Nashua, Broad Street Pkwy Fence REV1

PAGE 2 of 2
REV — 04/09/2018

‘BBD DeELUCCA WBE Certified by the Massachusetts

Fence Company, Inc. Supplier Diversity Office

FIVE OLD FERRY ROAD METHUEN, MASSACHUSETTS 01844
TEL: (978) 688-2877 / FAX: (978) 688-6030

PROJECT NAME: NASHUA, NH — Fairmount Street Bridge Decorative Fence

THIS PAGE MUST BE INCLUDED IN ALL CONTRACT PAPERWORK and MAY ONLY BE ALTERED or OMMITTED WITH THE EXPRESS.

PERMISSION OF De LUCCA FENCE COMPANY, ENC.

EXCLUSIONS:

1} Fraffe Controls / Pedestrian Controls /Poltce Detall(s) / Crash Truck(s) w/Driver / Railroad Flagger(s) / Flagger(s).

2) ~~ Fal Protection.

3} [ftumination far night time work zone.

4) Hazardous materials [including treated wood, fead, asbestos, etc.] handling, removal, disposal or remediation.

5) Railroad or other additional Insurance, Fees, Permits or Licenses — if required, will be billed at cost plus 5% or as quoted.

6) = Performance & Payment Bond - if required, will be billed at cost plus 5% or as quoted.

7) Participation in contractor or project owner insurance program(s).

B) Waiver of Subragation on any DFC Insurance Policies.

9} = Attendance at Safety Meetings er Training ~ if required, will be billed at cost plus 10% or as quoted.

10) Trainee(s) /Residency requirements.

11) Cost of Compliance with SWPPP - if required, will be billed at cost plus 10% or as quoted,

12) Damage to utilities or underground structures not identified [or incorrectly identified] by Dig-Safe, contractor, owner or awner’s representative. Work defay(s)
resulting from these errors may result in additional charges.

13) Emergency Response unless otherwise noted.

14) Shoulder Work including but not fimited to removal of built up materials along shoulder and under guardrail er backfilling of holes created by the removal of
guardrail,

1S) Grading, excavating or backfilling for attachments, end treatments, impact attenuators, buried in back-slope, etc.

16) Rock, ledge or bituminous concrete excavation.

17) Removal and/or disposal of existing concrete bases, foundations, anchors, etc. — Posts, anchors etc. may be cut to approx. ground level unless atherwise noted.

18) Damage to sidewalks, berm or curbing.

19) Hand Digging [Guardrail].

20) Modified post installation at walls, culverts, etc. using concrete, anchors, etc.

21) Clearing and Grubbing.

22) Supply and installation of sleeves/grout or excavation/installatian thraugh MSE/Retaining wall supports i.e. geo-grid, geotextiles, ties, rock fill etc.

23) Deductions for Fuel Adjustment(s) or Steel Adjustment(s).

24) Landscape Restoration / Historic Preservation / Wetlands preservation and/or restoration.

25) Touch up of painted elements [regardless af painting methad]. Touch up paint will be provided by written request only and may be billable,

26) Noise Contro! Measures.

27) Electrical Grounding.

28) Concrete or asphalt cutting, chipping, etc. or Core-drilling including through rebar.

29) Trenching.

30) Removal of dirt spoils.

31) Winter Conditions including but not limited to increase in labor costs, snow removal, installation through frost, increased cost of concrete, etc.

32) Surveying /Engineered stamped drawings.

33) Calculation of Length of Need.

34) Item [any remove & reset items] — New / Replacement Materials.

NOTES:

1) SPECIALS ORDERS — any special order(s) resulting from the acceptance of this quote will be billed in their entirety.

2) ACCESSIBILITY - A® area(s) where work is to be performed must be accessible to all De Lucca Fence Equipment, Material and Personnel.

3) WORK SCHEDULE - Monday through Friday 7:00 am to 3:30 pm/ NO Nights, Weekends or Holidays.

4) Traffic Controls apply to WORK AREA ON Fairmount Street ONLY. No traffic controls, tane closures etc will be provided for parkway below
overpass.

5) The estimated quantities on attached quote (plus traffic contrals) will be billed in thelr entirety. If additional footage is required it will need to
be requoted.

TERMS:

* NET 30 Days / NO Retainage

THE CITY OF NASHUA The bear

Financial S ervices

Purchasing Department

May 10, 2018
Memo #18-128

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: MAIN STREET BRIDGE AND GUARDRAIL SECTION OF WATER STREET PAINTING
PROJECT (VALUE: $57,500)
DEPARTMENT: 160 ADMIN/ENGINEERING; FUND: GRANT

Please see the attached communication from Nicholas Caggiano, Superintendent of Parks and
Recreation Department, dated April 26, 2018 for information related to this purchase.

Pursuant to § 5-78 Major purchases (greater than $10,000) A. Ail 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.

The Superintendent of Parks and Recreation Department, Board of Public Works and the Purchasing
Department recommend the award of this contract in an amount not-to-exceed $57,500 to Target of New
England of Alton Bay, NH.

Purchasing Manager

Coc: S Dookran L Fauteux

229 Main Street * Nashua, New Hampshire 03061 Phone (603) 589-3330 « Fax (603) 589-3233 |

To:

From:

Re:

C. Motion:

Discussion:

City of Nashua, Public Works Division
Board of Public Works Meeting Date: April 26, 2018

Nicholas Caggiano - Superintendent
Parks and Recreation Department

Painting Main Street Bridge and guard rail section of Water Street.

To approve the contract with Target New England of Alton Bay, NH for the Main
Street Bridge Painting project in an amount not to exceed $57,500. Funding will
be through Department: 160 Admin / Engineering; Fund: Grant: Activity:
Highway Block Grant FY18.

The City advertise IFB0290-030118 for the Main Street Bridge Painting project
which is to include the cleaning and painting of the Main Street bridge railings
and sand blasting and painting a section of guardrail on Water Street. Two bids
were received, Target of New England of Alton, NH was the lower bid.

Main Street Guardrails on
Vendor Bridge Railing Water Street | Total Bid
Target of New England ___ $27,640 | $26,470 $54.110
The Aulson Company, LLC $69,450 $62.850 $132,300 |

A meeting was held with the vendor and members of the DPW staff to go over the
project including the method and means of how the work would be done. The
aluminum bridge rails will be cleaned and painted a semi-gloss black. The section
of guardrail on Water Street will be removed, sandblasted and painted semi-gloss
black at the vendors shop and then reinstalled.

Target New England’s past work includes the Ashuelot Covered Bridge, The
Union, NH Railroad Water Tower, Peterborough Town Hall restoration and the
New Durham Town Hall Clock Tower. Based on this information it is the
recommendation of the Superintendent and the Engineering Department that the
contract be awarded to Target New England.

The award of this contract includes a contingency for unforeseen additional work
that we expect to have on this project.

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: James Doherty dba Target New England

PO Box 136

Alton Bay NH 03810

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

For the following Project: MAIN STREET BRIDGE PAINTING

IFB0290-030118

ARTICLE 1- THE CONTRACT DOCUMENTS

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

1.

SADWAwWN

9.

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

Drawings and Specifications provided in the bid documents;

IFB0290-030118 — Bid Summary;

IFB0290-030118 — Attachment A

IFB0290-030118 — Attachment B

IFB0290-030118 — Attachment C

Insurance Certificate;

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,

Page 1 of 12

the written change order or the fully executed OWNER Purchase Order shall control over the
terms of the Proposals

ARTICLE 2 —PERIOD OF PERFORMANCE

CONTRACTOR shall perform and complete all work within the time periods set forth and may
only be altered by the parties by a 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 3—~ CONTRACT SUM

Subject to additions and deductions by Change Order, the OWNER shall pay CONTRACTOR,
in accordance with the Contract Documents, the Contract Sum not to exceed of:

FIFTY-SEVEN THOUSAND FIVE HUNDRED ($57,500)

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

ARTICLE 4 — 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.

> Workers’ Compensation Coverage in compliance with the State of NH Statutes,
$100,000/$500,000/$100,000.

CONTRACTOR and subcontractors at every tier will fully comply with NH RSA Chapter
281-A, “Workers’ Compensation”.

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:

1. Withholding of income taxes by the OWNER:

2. Industrial insurance coverage provided by the OWNER;

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

4, Participation or contributions by either the independent CONTRACTOR or the OWNER

to the public employee’s retirement system;

Page 2 of 12

5. Accumulation of vacation leave or sick leave provided by the OWNER;
6. 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.

> 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 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.

Regardless of any coverage provided by any insurance, CONTRACTOR agrees to indemnify
and shall defend 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, defense 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.

Page 3 of 12

General Terms and Conditions

ARTICLE 5 — GENERAL PROVISIONS

I.

tw

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 6—- 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 CONTRACTORs
employed by the OWNER.

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

Page 4 of 12

IN WITNESS WHEREOPF, this instrument is executed

in counterparts, each one of
(number)
which shall be deemed an original,
this day of » 20
ATTEST:
Principal
By:
(Principal) Secretary
(SEAL) BY
(Address)
By:
Witness as to Principal
(Address)
(Surety)
ATTEST: BY
Attorney - in - Fact
By
Witness as to Surety (Address)

(Address)

NOTE: Date of BOND must not be prior to date of Contract.
If CONTRACTOR is partnership, all partners should execute BOND.

IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's
most current list (Circular 570 as amended) and be authorized to transact business in the State of
New Hampshire.

PY - 3 of 3

DIVISION 5

AGREEMENT