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CHANGE ORDER

No. 2
PROJECT: 2018 Paving Program
OWNER’S CONTRACT NO: IFB0660-040518
EXECUTED CONTRACT DATE: _ May 14, 2018
DATE OF ISSUANCE: July 5, 2018 EFFECTIVE DATE: Upon City Approval

OWNER: City of Nashua, NH

OWNER’s Purchase Order NO.: 141290

CONTRACTOR: Newport Construction Corp.

ENGINEER: DPW Engineering

You are directed to make the following changes in the Contract Documents:

Change Order #2 is for

2

An increase for charges associated with increased demand of Flaggers for the 2018 Paving
Program in the amount of $100,000

An increase for the treatment method change from mill and overlay to reclaim in the amount of
$70,658

An increase in Allowance for Liquid Asphalt Adjustment in the amount of $165,000

An increase to widen Charron Avenue to address ongoing traffic back-up issues in the amount
of $24,170

TOTAL NET CHANGE: $359,738

Change Order # 2 1 of 3
2018 Paving Program

Description:

e FLAGGERS:
Since construction began in May, Newport has been billed by the flagger company at elevated
rates due to the increased demand for Traffic Control. Newport Construction has to furnish 6 to
16 qualified as flaggers to direct traffic through or around the work zones, depending upon the
number of side streets and traffic on the paving street. At any given time, at least three to four
Newport crews are working on different streets.

e TREATMENT METHOD CHANGE FROM MILL AND OVERLAY TO RECLAIM:
Since construction began in May, paving treatment of a few of the mill and overlay streets has
been changed to reclaim. The reason for change in treatment has been that these streets had low
Pavement Condition Index (PCI) in 2017, but last year’s winter was rough which further
caused deterioration due to freeze and thaw cycle.

e ALLOWANCE FOR LIQUID ASPHALT ADJUSTMENT:
Allowance for liquid asphalt adjustment in the bid request was $70,000. It was based on the
base price of asphalt cement of $457.50 per ton (as of February 1, 2018). The prices have
increased to $540.00 per ton and it is based on the latest price published by the NHDOT dated
July 1, 2018.

Change Order # 2 2 of 3
2018 Paving Program

Summary

CHANGE IN CONTRACT PRICE:
Original Contract Price

$6,727,834

CHANGE IN CONTRACT TIMES:
Original Contract Times

Substantial completion: October 15, 2018
Ready for final payment: October 31, 2018

Net changes from previous Change Orders

$50,600

Net change from previous Change Orders

NONE

Contract Price prior to this Change Order

$6,777,834

Contract Times prior to this Change Order

Substantial completion: October 15, 2018
Ready for final payment: October 31, 2018

Net Increase decrease} of this Change Order

$359,738

Net Increase decrease} of this Change Order

60 calendar days

Contract Price with all approved Change Orders

$ 7,137,572

Contract Times with all approved Change Orders

Substantial completion: December 15, 2018
Ready for final payment: December 31, 2018

RECOMMENDED: ACCEPTED: APPROVED:
By: By:
By:
DPW Contractor Mayor Jim Donchess
Engineer Owner
(Authorized Signature) (Authorized Signature) (Authorized Signature)

Date: Date: Date:

Change Order # 2 3 of 3

2018 Paving Program

2018 Paving - Newport (CO#2 Estimate}

203.112 Road Excavation and
Excavation and
Reclaim Stabilized Base Processed in
Crushed for Shoulders
Pavernent Joint Adhesive -
Hot Bituminous Machine Method 14,700.00
Hot Bituminous Hand Method -

SY Cold of Bituminous Surfaces s -

SY Cold Transitions 5 £ -

VF of Structures

EA to Grade

EA

EA and Plate for Reclaim

LF Granite

LF Reset Granite

LF Bituminous

EA Local Traffic 6'X50' 2 Turn -
Allowance |Uniformed Officers

100,000 Allowance

Sum {Maintenance of Traffic

A Tn fin

100,000.00

LF Retroreflective Paint Pavement 4" Line 660.00

50 LF Retroreflective Pavement 12" Line 100.00

SF Retroreflective
30 EA Pavement Markers
TON Loam and Seed

165000 Allowance {Liquid Asphalt Adjustment
EA Asphalt Testing, 6" Core (Subsidiary To Item 403.11)
EA Testing, Loose {Subsidiary To item 403.14)
EA Asphalt Core, 6" Diameter (Subsidiary To Hem 417)
EA Sacks (Subsidiary To Item 304.112)
EA Sacks (Subsidiary To Item 417)

30.00

165,000.00

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Te 1A FA [OPH PH TO PD 1s fn

TOTAL CONTRACT VALUE 359,738.00

) THE CITY OF NASHUA “The Cate Chey"

Financial Services

Purchasing Department

August 30, 2018
Memo #19-047

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: CONTRACT FOR DESIGN/BUILD AWARD — FUEL ISLAND UPGRADE (VALUE:
$259,488)
DEPARTMENT: 161 STREET; FUND: GENERAL AND ESCROW

Please see the attached communication from Jon !barra, Superintendent Street Department, dated
August 23, 2018 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 shall be
purchased by formal, written contract from the jowest responsible bidder, after due notice inviting bids.

The Superintendent of Street Department, Board of Public Works (August 23, 2018 meeting) and the
Purchasing Department recommend the award of this contract in an amount of $259,488 to Envirotrac
Environmental Services Ltd. of North Andover, MA.

Respectfully
D

an Kooken
Purchasing Manager

Cc: J Ibarra L Fauteux

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

To:

From:

Re:

B. Motion:

Attachment:

Discussion:

City of Nashua, Public Works Division
Board of Public Works Meeting Date: August 23, 2018

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 Envirotrac Environmental Services Ltd. of North Andover,
MA. 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.
The Street Department crews will be working together with the vendor and
providing the necessary excavation to complete the project to keep the cost of the
project down. The Bidders attended a pre bid meeting on site to evaluate the
existing fuel island and to discuss the scope of work as well as what the City of
Nashua Division of public works would commit to doing. Three vendors
submitted bids for the project. Bids were opened on August 1, 2018. A summary
of the bids received is noted below.

Summary of Bids for IFB0465-080118
Design/Build of Fuel Island

Company Bid

Envirotrac environmental services Ltd. $259,488.00

Stephens- Marquis Associates, Inc. $270,000.00

DL King & Associates $298,000.00

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: Envirotrac Environmental Services Ltd.
800 Turnpike Street, Suite 300
North Andover, MA 01845

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

For the following Project. | DESIGN/BUILD FUEL ISLAND UPGRADE
IFB0465-080118

ARTICLE 1 —- THE CONTRACT DOCUMENTS

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

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

Exhibit A — IFB0465-080118 , Contractor Scope of Work;

Exhibit B - Envirotrac Environmental Services Ltd. Revised Bid Submission, dtd 8-14-18;
Payment and Performance Bonds, if applicable;

Insurance Certificate;

Written change orders for minor changes in the WORK issued after execution of this

Agreement; and
7. Fully Executed OWNER Purchase Order

AwWPWDd

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 — DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
DATE

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 of:

TWO HUNDRED FIFTY-NINE THOUSAND FOUR HUNDRED EIGHTY-EIGHT DOLLARS

($259,488.00)

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 shall be 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 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;

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

6. Unemployment compensation coverage provided by the OWNER.

a

Page 2 of 12

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

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 6 —- OWNER

1,

Except for permits and fees, which are the responsibility of the CONTRACTOR under the
Contract Documents, the OWNER shail 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