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To:

From:

Re:

B. Motion:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: July 28, 2022

David L. Boucher, Superintendent
Wastewater Department

Primary and Secondary Digester Coating Project-John W. Egan Co. Change
Order #1

To approve change order 1 to the contract with John W. Egan Company for the
Primary and Secondary Digester Coating project in the amount not to exceed
$61,400. Funding will be through Department: 169 Wastewater; Fund:
Wastewater; Activity: Digester/Gas Tank Coating.

The primary digester and secondary digester coating project consists of coating
the primary digester, secondary digester, beams on stair-tower that have corrosion
on it, bridges between stair-tower and tanks, exterior metal ladder on the backside
of the energy recovery building, foundation of the secondary digester and new
gasket material around the base of metal on the gas tank.

As work progressed, other areas on or adjacent to the tanks were found to be in
need of restoration that could be added to this project. These items are coating the
metal skirt above the concrete foundation wall on the primary digester, coating an
exterior ladder on the dechlor building, coating a pipe lateral off the raw sewage
forcemain in wet weather building, restoring deteriorated roof top concrete on the
CS0O002 structure, clean and seal outer concrete ring-wall on primary digester,
and replace safety chain link fence on top of secondary digester. Egan’s estimated
costs for these items comes to $61,400.

The original contract amount if for $339,500. The new contract amount with CO1
approved comes to $400,900.

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12.

13.

utilized for storage of snow, the Contractor must contact the Parking Department
immediately.

Snow removal operations will be at the discretion and scheduled directly by the Parking
Department. The contractor should have the proper equipment available to load the plowed
snow into a transport vehicle, and then take that vehicle to a City of Nashua approved snow
dump site.

All equipment must be equipped with a revolving or flashing amber li ght.
Subcontracting is not allowed.

The City shal] have no obligation to engage the services of the Contractor for a specified
number of times.

Contractor shall be knowledgeable and comply with all federal, state, and local laws, rules,
regulations, and ordinances that may be applicable to the operation of the equipment
provided by Contractor for snow plowing services.

The Contractor shall do all the work and furnish all the materials, tools, equipment and
safety devices necessary to perform snow plowing at all 18 (eighteen) municipal parking
facilities, in a workman like manner and within the time specified. It shall complete the
entire work to the satisfaction of the Parking Manager and in accordance with the
specifications herein mentioned, at the prices herein agreed upon and fixed therefore.

The Contractor shall conduct its work so as to interfere as little as possible with private
business and public travel. It shall, at its own expense, wherever necessary or required,
furnish safety devices and take such other precautions as may be necessary to protect life
and property.

The Contractor shall be responsible for all work done under this contract; for the protection
of the work; and, for preventing injuries to persons and damage to property and utilities on
or about the snow plowing work. It shall in no way, be relieved of its responsibilities by
any right of the Parking Manager to give permission or issue orders relating to any part of
the work, or by any such permission given or orders issued, or by failure of the Parking
Manager to give such permission or such orders.

The Contractor shall bear all losses resulting to him or to the owner on account of the
amount or character of the work, or because of the nature of the land in or on which the
work is done is different from what was estimated or expected, or account of the weather,
elements or other causes. The contractor shall assume the defense of all claims of
whatsoever character against the Contractor of the City, and indemnify, save harmless, and

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insure the City, its officer or agents, against all claims arising out of injury or damage to
persons, corporations or property, whether said claims are for unavoidable damage or not,
and from ali claims rejating to labor and equipment furnished for the snow plowing work.

PARKING LOT SNOW REMOVAL PRIORITY LIST*

SPRING STREET LOT
SENIOR CENTER LOT
LIBRARY LOT
LIBRARY LOT ANNEX
LIBRARY STAFF Lot
CITY HALL LOTS
GARDEN STREET & LOT
LE PARK RENAISSANCE LOT
WATER STREET LOT

. PEARSON/PARK AVE. LOT

. FACTORY STREET LOT

. RAILROAD SQAURE LOT

. MAPLE STREET LOT

. SCHOOL STREET LOT

. HIGH STREET LOT (55 Tax

. HIGH STREET GARAGE ROOFTOP

. CONWAY ARENA LOT

. CROWN STREET PARK AND RIDE LOT

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*Subject to Change.

GOVERNING LAW AND FORUM

This Agreement shall be interpreted and enforced in accordance with the laws of the state of
New Hampshire, excluding any choice of law or conflicts of law rules that would result in the
application of the laws of a different jurisdiction. Any claim, action, cause of action, or
complaint in law or inequity arising out of this contract, an alleged breach thereof, the work
performed or contracted to be performed thereunder, or in any way referable to this contract or
said work shall be brought in the Hillsborough (New Hampshire) County Superior Court
Southern Judicial District or in the New Hampshire 9th Circuit Court in Nashua, New
Hampshire and not elsewhere.

. SEVERABILITY.

If any provision of this Agreement is determined to be void, unlawful, ot otherwise
unenforceable, that provision shall be severed from the remainder of this Agreement, and
replaced automatically by a provision containing terms as nearly like the void, unlawful, or
unenforceable provision as possible, or otherwise modified in such fashion as to preserve, to
the maximum extent possible, the original intent of the Parties, and this Agreement, as so
modified, shall continue to be in full force and effect.

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14.

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AMENDMENT.

No modification, amendment, or other change to this Agreement shall be effective unless
agreed to In a writing signed by each of the Parties.

NO WAIVER.

Failure or forbearance by any Party to exercise any of its rights or remedies under this
Agreement shall not constitute a waiver of such nghts or remedies in that or any other
instance. No Party shall be deemed to have waived any right or remedy resulting from such
failure to perform unless it has made such waiver specifically in writing.

ENTIRE AGREEMENT.

This Agreement and any amendments to this Agreement contain the complete agreement
between the Parties with respect to the subject matter of this Agreement and supersede all
other agreements and understandings, whether written or oral, with respect to the matters
contained in this Agreement, including any letters of intent, term sheets or similar proposals
exchanged by the Parties,

IN WITNESS WHEREOEF, the Parties hereto have executed this Agreement effective as of the

Effective Date.

CITY OF NASHUA

By: Jim Donchess, duly authorized

Signature:

Title: Mayor
Date:

Contractor:

By: Accurate Dimensions, LLC.

Signature:

Title: President
Date:

THE CITY OF NASHUA “The Cate City

Financial Services

Purchasine Department

October 10, 2019
Memo #20-040

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: CONTRACT FOR PURCHASE OF PLAYGROUND SURFACING FOR THE JEFF
MORIN FIELDS AT ROBY PARK PLAYGOUND (VALUE: $109,790)
DEPARTMENT: 177 PARKS & RECREATION; FUND: GRANT

Please see the attached communication from Nicholas Caggiano, Superintendent of Parks and
Recreation Department, dated September 26, 2019 for information related to this purchase.
The Superintendent of Parks and Recreation Department, Board of Public Works (September 26, 2019

meeting) and the Purchasing Department recommend the award of this contract in an amount of
$109,790 from Green Ink LLC DBA IntelliTurf New England of Boston, MA.

Respectiull

an Kooken
Purchasing Manager

Ce: N Caggiano L Fauteux

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

To:

From:

Re:

A. Motion:

City of Nashua, Public Works Division
Board of Public Works Meeting Date: September, 26 2019

Nicholas Caggiano - Superintendent
Parks and Recreation Department

Purchase of Playground surfacing for the Jeff Morin Fields at Roby Park
Playground.

To approve the purchase and installation of playground surfacing for the Jeff
Morin Fields at Roby Park Playground from Green Ink LLC DBA IntelliTurf

_ New England of Boston, MA for the sum of $109,790. Funding will be through

Attachments:

Discussion:

Department: 177 Park and Recreation; Fund: Grant; Activity: NHCF - Jeff Morin
Memorial Funds and Fund: General; Account Classification: 55 Other Services.

Quote

The playground at the park was installed in 2002 and has been a very popular
playground for residents to use. Through discussions with the Morin family over
the past 6 months they have agreed to fund the project through the Jeff Morin
Foundation. We received a funding in the amount of $100,000 and the funds are
going through the grant acceptance protocol with the Board of Alderman. The
remaining funding will be provided through the general operating budget. The
goal is to have this surfacing started as soon as the shade sail foundations are set.
The project may go over into spring of next year depending on the timeline of the
shade sails.

We have been working with the Morin family since 2011 when they met with us
and explained what they wanted to do in memory of their son Jeff who had passed
away. The two fields at the park were named after Jeff. The Foundation has
supported the Department ever since with program scholarships for those in need.
Provide funding for uniforms for the Biddy Basketball and Summer Camp
Programs. Provide funding to produce the 4" of July Field Day event, and the
Special Olympics Field Day Picnic. They also help fund improvements to the
park.

Based on the quote and the research that was done it is the recommendation of the
Park & Recreation Department to award the purchase to Green Ink LLC DBA
IntelliTurf New England of Boston, MA for the sum of $109,790.

STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR

This agreement is made:

BETWEEN the OWNER: City of Nashua, New Hampshire

229 Main Street
Nashua, NE 03060-2019

And the CONTRACTOR: Green Ink LLC DBA IntelliTurf of New England

PO Box 200940

Boston, Ma 02120

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

For the following Project: Jeff Morin Fields at Roby Park

Playground Surfacing

ARTICLE 1 —~ THE CONTRACT DOCUMENTS

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

1,

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6.

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

Quote submitted September 19, 2019:

Insurance Certificate;

Notice of Award;

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

Page 1 of 12

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:

(1) Site Prep and Base build

>

Removal of approximately 200 cubic yards of wood chips, with City of
Nashua to supply 3 Dump Trucks, with Drivers, to haul local landfill for
disposal

City Of Nashua to supply 1,200’ of nailer board to secure perimeter and
contain padding zones

Contractor to spread, smooth and compact approximately 200 tons of
crusher run aggregate % inch with screenings

(2) Installation of approximately 9,600sf of Playground 60 Turf with 2” padding with 9°
safety fall rating for all safety fall zones

667°x15° =10,005 SF of IntelliTurf Playground 60 Turf

2” PolyGreen Playground Padding in compliance for all safety fall zones
Seam Tape and Adhesive

4,500 stainless steel power staple to secure perimeter to nailer board
30,000 LBS of Silica Sand Infill

9,600 SF to be power broomed

ARTICLE 3 — PERIOD OF PERFORMANCEB-1L I

CONTRACTOR shall perform and complete all work on or before_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 shali pay CONTRACTOR,
in accordance with the Contract Documents, the Contract Sum of:

QNE HUNDRED NINE THOUSAND SEVEN HUNDRED NINETY DOLLARS

(3 109,790.00)

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

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

* $36,597 invoiced to OWNER upon execution of Contract;
* $36,597 invoiced to OWNER upon start date (all materials must be on site);
* $36,597 final payment due 15 days upon receipt by OWNER of FINAL Invoice

** See ARTICLE 11 -— PAYMENTS AND COMPLETION for submission instructions.**

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:

1. Withholding of income taxes by the OWNER:

2. Industrial insurance coverage provided by the OWNER;

3. Participation im group msurance 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;

Accumulation of vacation leave or sick leave provided by the OWNER;

6. Unemployment compensation coverage provided by the OWNER.

uA

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.

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> 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 2 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, shali 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 al! suits, causes of action, legal or administrative
proceedings, arbitrations, claims, demands, damages, liabilities, interest, attomey’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 hoid 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.

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