Search

\ THE CITY OF NASHUA “The Cate City’

Adstnistrative Services

Purchasing Departntent

April 30, 2020
Memo #20-101

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: CONTRACT FOR DESIGN/BUILD OF FUEL ISLAND UPGRADE AT THE STREET
DEPARTMENT (VALUE: $267,000)
DEPARTMENT: 161 STREETS; FUND: GENERAL & TRUST

Please see the attached communication from Jon Ibarra, Superintendent Street Department dated April
23, 2020 for information related to this purchase.

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 shail be
purchased by formal, written contract from the lowest responsible bidder, after due notice inviting bids.

The Superintendent of Street Department, Board of Public Works (April 23, 2020 meeting) and the

Purchasing Department recommend the award of this contract in an amount of $267,000 to Stephens
Marquis of Merrimack, NH.

Respectfully,

an Kooken
Purchasing Manager

Ce: J Ibarra L Fauteux

Beg Main Street » Nashua, New Hampshire 03061 * Phone (603) 589-3330 e Fax (603) 589-3233 |

To:

From:

Re:

A. Motion:

Attachment:

Discussion:

City of Nashua, Public Works Division
Board of Public Works Meeting Date: April 23, 2020

Jon Ibarra, Superintendent
Street Department

Design /Build of Fuel Island upgrade at the Street Department

To award the contract for the Design/Build of the Fuel Island located at the Street
Department Facility to Stephens-Marquis Associates Inc. of Merrimack, NH in
the amount of $267,000. Funding will be through Department: 161 Street; Funds;
General and Escrow; Activity: Fuel Depot Rehabilitation.

Scope of work

The City of Nashua, Division of Public Works, Street Department solicited
Design/ Build bids under IFB0465-080118 from qualified Vendors for the
Design/Build for the upgrade of the fuel island located at the Street Department.

We began working with the low Bidder Envirotrac. We decided to terminate our
contract with Envirotrac due to a number of factors including costly change
orders. We were able to negotiate a favorable contract with the next lowest Bidder
Stephens Marquis and recommend working with them to complete the 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: Stephens-Marquis Associates, Ine.

717 Daniel Webster Highway
Merrimack, NH 03054

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

For the following Project: Replacement of Fuel Dispenser Isiand located at

City of Nashua’s Street Department

ARTICLE 1 - THE CONTRACT DOCUMENTS

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

I.

Awe Pp wh

7.

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

Construction Cost Breakdown Schedule dated April 8, 2020, attached as Exhibit A ;
Performance Bond:

Insurance Certificate;

Notice to Proceed;

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
pricr negotiations, proposals, representations or agreements, either written or oral. Any other
documents which are not fisted 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 Apreement, a
written change order and/or fully executed OWNER Purchase Order, the terms of this Agreement,
the written change order or the fully executed QWNER Purchase Order shall control over the
terms of the Proposals

Pape I of 13 , g

ARTICLE 2 - WORK TG BE PERFORMED

Except as otherwise provided in this contract, CONTRACTOR shall furnish all services,
equipment, and materials and shalj 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 (CONTRACTOR):

> Site Work
None

> AST & UG Piping System
Demation of Existing Fuel & Misc. Labor;

Clean & Inspect ASTs;

AST | UST Upgrade Work, Underground Piping;
DES Compliance Work {per 16 item list);
Pressure Regulating Piping;

Hoses & Nozzles, 8ea; and

Hose Mast w/retractor, Diesel Only, dea

> Fuel Equipment,
Shear Valves, dea;

Canopy Lights, HI/LOW, Bea, plus sensor; and
Decals, Signage

> Canopy
Canopy Erection, 24’ x 40

Canopy Fire Suppression, Pyro Chem, Nozzle Height 16' -7"above drive matt; and
Wire Fire Suppression

» Electrical
Material;
Labor; and
Low Voltage Disconnect

» Concrete
Bollards Install;
T&P Flat, Place & Finish; and
Rebar & Wire Mesh

> Vard Werk
Painting

>» Materials & Misc. Expenses
Grout Canopy Columns;

Site Labor, Misc.,

Saw cut Slabs & Seal & Caulk;
Misc. Materials: and

Concrete Protection (Blankets)

> Yard Equipment
Fire Extinguishers (2); and

Bollards, 6”

Page 2 of 13 oS

> Construction Services
Engineering Design & Inspections; and
Geotechnical & Testing

DESCRIPTION OF WORK (OWNER):

> Site Work
Demo Concrete & Asphalt;
E&B Canopy Foundations, Slab Prep 6" Gravels;
E&B Canopy Drains, BOLF 6" PVC;
Asphalt Patch, 4";
Striping; and
Landscaping, Sod & Seeding

> AST & UG Piping System
None

> Fuel Equipment
APT Piping;
APT Fittings;
Sumps & Misc.;
Valves, Including Pressure Regular;
Island Form; and
Dispenser, Bennett

> Canopy
Canopy Steel, 24° x 40’

>» Electrical
None

® Concrete
Canopy Foundation; and
T&P Flat, Foam & Mix

> Yard Work
Signage

>» Materials & Misc. Expenses
Safety Fence

> Yard Equipment
CO Boxes;

* Construction Services
None

Page 3 of 13 ica)

ARTICLE 3 — PERIGD OF PERFORMANCE

CONTRACTOR shall perform and complete all work by August 15, 2020 which date shall only
be altered by mutually approved written agreement to exiend 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, a valid Purchase Order issued from the City of
Nashua, and 2 Notice to Proceed.

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:

TWO HUNDRED SIXTY-SEVEN THOUSAND and 00/100 DOLLARS
(3267,000,00)

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

Unless CONTRACTOR has received a written exemption from the City of Nashua,
CONTRACTOR shall submit progress invoices, for services performed under this agreement, in
accordance with the following schedule:

* At50% completion;
* At90% completion; and
* Remaining 10% at project completion.

** See ARTICLE 11 - PAYMENTS AND COMPLETION [or submission instructions.**

ARTICLE 5— INSURANCE AND INDEMNIFICATION

CONTRACTOR shail 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
appregate;
>» Motor Vehicle Liability: 51,000,000 Combined Single Limit;*Cayverage must include all
owned, non-owned and hired vehicles; and
* Workers’ Compensation Coverage in compliance with the State of NH Statutes,
3100,000/$500,000/$ 100,000.

The parties agree that CONTRACTOR shall have the status of and shail perform a!l 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 js
between the OWNER and CONTRACTOR, and nothing in this contract shall create any
contractual relationship between the QWNER 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:

Page 4 of 13 Low.

a poe
foes

th

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
shal! be called upon to contribute to a Joss.

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 CONTRACTGR.

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 ta liability caused by the sole negligence or willful misconduct of the party indemnified
or held harmless.

Page 5 of 13 = we

General Terms and Conditions

ARTICLE 6- GENERAL PROVISIONS

L

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 CONTRACTGR’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 Technica! Specifications
will govern over beth 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

l.

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 te 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 shail be issued deducting the cost of correction frem 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,

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

Page 6 of 13

ARTICLE 8 - CONTRACTOR

l. Execution of the Contract by the CONTRACTOR is a representation that the
CONTRACTOR has visited the site, become familiar with local conditions under which
the Work is ta be performed and correlated personai observations with requirements of the
Contract Documents.

2. The CONTRACTOR shall carefully study and compare the Contract Documents with
each other and with information furnished by the OWNER. Before commencing activities,
the CONTRACTOR shall: (i) take field measurements and verify field conditions; (2)
carefully compare this and other information known to the CONTRACTOR with the
Contract Documents; and (3) promptly report errors, inconsistencies or omissions
discovered to the OWNER.

3. The CONTRACTOR shal! supervise and direct the Work, using the CONTRACTOR’s
best skill and attention. The CONTRACTOR shall be solely responsible for and have
control over construction means, methods, techniques, sequences and procedures, and for
coordinating all portions of the Work.

4. The CONTRACTOR, as soon as practicable after award of the Contract, shall furnish in
writing to the OWNER the names of subcontractors or suppliers for each portion of the
Work, The OWNER will promptly reply to the CONTRACTOR in writing if, after due
investigation, he has reasonable objection to the subcontractors or suppliers listed.

5. Unless otherwise provided in the Contract Documents, the CONTRACTOR shall provide
and pay for labor, materials, equipment, tools, utilities, transportation, and other facilities
and services necessary for proper execution and completion of the work.

6. The CONTRACTOR shall deliver, handle, store and install materials in accordance with
manufacturers” instructions.

7. The CONTRACTOR warrants to the GWNER that (1) materials and equipment furnished
under the contract will be new and of good quality unless otherwise required or permitted
by the Contract Documents; (2) the Work will be free from defects not inherent in the
quality required or permitted; and (3) the Work will conform to the requirements of the
Contract Documents.

8. The CONTRACTOR shall pay sales, consumer, use and similar taxes that are fegally
required when the Contract is executed.

9. The CONTRACTOR shall obtain and pay for the building permit and other permits and
governmental fees, licenses and inspections necessary for proper execution and completion
ofthe Work.

10. The CONTRACTOR shall comply with and give notices required by agencies having
jurisdiction over the Work. If the CONTRACTOR performs Work knowing it to be
contrary to laws, statutes, ordinances building codes, and rules and regulations without
notice to the OWNER, the CONTRACTOR shall assume full responsibility for such
Work and shall bear the attributable costs. The CONTRACTOR shall promptly notify the
OWNER in writing of any known inconsistencies in the Contract Documents with such
governmental laws, rules and regulations.

11. The CONTRACTOR shall prompily review, approve in writing and submit Shop
Drawings, Product Data, Samples and similar submittals required by the Contract
Documents. Shop Drawings, Product Data, Samples and similar submittals are not
Contract Documents.

12, The CONTRACTOR shall confine operations at the site to areas permitted by law,
ordinances, permits, the Contract Documents and the OWNER,

Page 7 of 13 nt 0

et

13.The CONTRACTOR shall be responsible for cutting, fitting or patching required

completing the Work or to make its parts fit together properly.

14. The CONTRACTOR shail keep the premises and surrounding area free from

accumulation of debris and trash related to the Work.

15. Upon completion of WORK, CONTRACTOR warrants and guarantees to OWNER, for

one (i) year, and that all WORK was completed in accordance with the Contract
Documents and will not be defective. CONTRACTOR’s warranty and guarantee
hereunder excludes defects or damage caused by:

¥ Abuse, modification, or improper maintenance or operation by persons other than
CONTRACTOR, subcontractors, suppliers, or any other individual or entity for
whom CONTRACTOR is responsible; or

> Normal] wear and tear under normal usage.

ARTICLE 9 —- CHANGES IN THE WORK

After execution of the Contract, changes in the Work may be accomplished by Change
Order or by order for a minor change inthe Work. The OWNER, without invalidating the
Contract, may order changes in the Work within the general scope of the Contract
consisting of additions, deletions or other revisions, the Contract Sum and Contract Time
being adjusted accordingly.

A Change Order shall be a written order to the CONTRACTOR signed by the OWNER
to change the Work, Contract Sum or Contract Time.

Change Order requests must include material and equipment cost plus labor with a profit
margin of no more than 10%. Change Orders may require approval by the Board of
Public Works and the OWNER’s Finance Committee vote prior to proceeding,

The OWNER will have authority to order minor changes in the Work not involving
changes in the Contract Sum or the Contract Time and not inconsistent with the intent of
the Contract Documents. Such changes shall be written orders and shall be binding on the
OWNER and CONTRACTOR, The CONTRACTOR shall carry out such written orders
promptly,

If concealed or unknown physical conditions are encountered at the site that differ
materially from those indicated in the Contract Documents or from those conditions
ordinarily found to exist, the Contract Sum and Contract Time shall be subject to equitable
adjustment following authorization of the OWNER to the charges.

ARTICLE 10 — TIME

—

Time limits stated in the Contract Documents are of the essence to the Contract.

If the CONTRACTOR is delayed at any time in progress of the Work by changes ordered
in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties
or other causes beyond the CONTRACTOR?’s control, the Contract Time shail be
extended by Change Order for such reasonable time as may be determined.

ARTICLE 11 ~- PAYMENTS AND COMPLETION

1.

The Contract Sum stated in the Agreement, including authorized adjustments, is the total
amount payable by the OWNER to the CONTRACTOR for performance of the Work
under the Contract Documents.

Page 8 of £3