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THE CITY OF NASHUA “The Cate City’

Frnancial S ervices

Purchasing Department

eR eerste ‘s SRR MR RES 08 Re mm =a —--

May 9, 2019
Memo #19-146

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: 2019 SIDEWALK PROGRAM (VALUE: $47,150)
DEPARTMENT: 160 ADMIN/ENGINEERING; FUND: NORTHWEST QUADRANT FUND,
SOUTHEAST QUADRANT FUND AND FY19 SIDEWALK CAPITAL FUNDS

Please see the attached communication from Stephen Dookran, P.E., City Engineer, dated May 10, 2019
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 lowest responsible bidder, after due notice inviting bids.

The City Engineer, Board of Public Works (May 10, 2020) and the Purchasing Department recommend
the award of this contract in an amount of $47,150 to Tri State Curb of Weare, NH.

Res ctfully,

an Kooken
Purchasing Manager

Ce: S Dookran L Fauteux

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

i
i

From:

Re:

A. Motion:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: May 10, 2019

Stephen Dookran, P.E., City Engineer
Engineering Department

2019 Sidewaik Program

To approve the construction contract with Tri State Curb of Weare, NH in an
amount not to exceed $47,150. Funding will be through the Northwest Quadrant
Funds, the Southeast Quadrant Funds and the FY19 Sidewalk Capital Funds.

A large portion of Broad Street is being paved this spring as part of the Federal
Highway Paving Program. A 2,500 foot long sidewalk on the south side of Broad
St from Lutheran Drive to Denise Street is proposed to provide a continuous
sidewalk for pedestrians, including those walking to both Nashua North High and
the Broad Street Middle Schools. In addition, the sidewalk will provide greater
walkability for the entire community centered on Broad Street and it will connect
to the current sidewalk configuration making it accessible to people with
disabilities. In order to construct this proposed sidewalk, coordination with the
associated with the paving program is required.

Broad Street is being paved using federal funding that has time sensitive
requirement as to when the funding must be spent. Broad Street is scheduled to
be paved in early June so it is urgent that the curb be in place prior to final paving.

In addition, approximately 230 feet of granite curb will be installed on East
Dunstable Road as part of a proposed sidewalk to connect several segments of
sidewalk into a continuous stretch. This contract includes the installation of
granite curbing from 158 East Dunstable Road to Judith Drive with the sidewalk
to be constructed by in-house forces.

In April, a request for proposals was emailed to four contractors and advertised on
the City website. Only one proposal was received from Canterbury Timber
Company of Canterbury, NH in the amount of $258,468.50, which exceeded the
available funding. It was decided to perform the majority of sidewalk
construction using DPW forces except for the granite curb installation.

Phone calls were made to various curbing contractors to install 2,300 linear feet of
curb required for the sidewalk construction. Only Tri State Curb of Weare, NH is
available and is willing to coordinate the curb installation with the Broad Street
paving schedule. The quote of $47,150 is reasonable to install this quantity of
vertical granite curbing.

PROPOSAL

66 South Sugar Hill Road

Weare, NH 03281 # 8634
PH: 603-529-4009
FX: 603-829-4014
info@tristatecurb.com
— . DATE: 04/26/2019
PROPOSAL i - 1
SUBMITTED TO: City of N ashua - Street Dept. JOB NAME: Broad Street
9 Riverside Street JOB LOCATION: Nashua, NH
Nashua NH 03062 —
ATIN: Mark PROJECT NUMBER:
PHONE: (603) 589-4709
FAX: (603) 594-3396
Quantity Unit Description Unit Price Total Price
2,300 LF 609.01 Straight Granite Curb $20.50 $47,150.00
We hereby propose to furnish and install - complete in accord
specifications, for the estimated Dollars ($ 47,158.00

Project Notes: FIELD LAYOUT, TRAFFIC CONTROL AND CONCRETE TOE BY OTHERS. CONTRACTOR
MUST LIST TRI STATE CURB AS EXCAVATOR/CURB WORK ON DIGSAFE TICKET &
PROVIDE COPY OF TICKET PRIOR TO STARTUP. PRICE INCLUDES 2 MOBILIZATIONS
MIN 800' PER MOB.

Terms: Unless otherwise specified, payment is due in full net _ 30D'Y .

All material is guaranteed to be as specified. All work to be completed
ina workmanlike manner according to standard practices. Any
alteration or deviation from above proposal involving extra costs :

:. : . Authorized
will be executed only upon written orders, and will become an extra Signature
charge over and above the estimate. Our workers are fully covered ~
by Workman's Compensation Insurance.

Note: This proposal may be withdrawn by us if not accepted within 90 days

Acceptance of Proposal

The above prices, specifications and conditions are satisfactory and waniir des 4 echeduie ni 2 SDiccas
are hereby accepted You are authorized to do the work as specified. To confirm order and schedule please sign and return.

Payment will be made as outlined above Thank you

Date of Acceptance a Signature _

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: Tri State Curb

66 South Sugar Hill Road
Weare, NH 03281
and its successors, transferees and assignees

(together “CONTRACTOR’”)

For the following Project: 2019 Sidewalk Program — Curbing

Broad Street and East Dunstable Road

ARTICLE 1 —- THE CONTRACT DOCUMENTS

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

1.

AwWARWN

7.

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

Special Conditions;

Construction Specification — Item 609.01 Straight Granite Curb;

Tri State Curb Proposal dtd April 26, 2019;

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

Page I of 12

ARTICLE 2— DATE OF COMMENCEMENT AND COMPLETION DATE

The date of commencement shall be the date of the Notice to Proceed and Completion shall be as
described in the Special Conditions.

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:

FORTY-SEVEN THOUSAND ONE HUNDRED FIFTY DOLLARS ($47,150.00)

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; 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:
. 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.

on

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

Page 2 of 12

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.

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 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 paymenis 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

ARTICLE 7 —- CONTRACTOR

1.

10.

11.

12.

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 to be performed and correlated personal observations with requirements of the
Contract Documents.

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: (1) 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

HOt fronton of ayrged oiyel wen
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The CONTRACTOR shall 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.

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.

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.

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

The CONTRACTOR warrants to the OWNER 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.

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

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
of the Work.

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.

The CONTRACTOR shall promptly 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.

Page 5 of 12

13.

14.

15.

16.

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

The CONTRACTOR shall be responsible for cutting, fitting or patching required
compieting the Work or to make its parts fit together properly.

The CONTRACTOR shall keep the premises and surrounding area free from
accumulation of debris and trash related to the Work.

Upon completion of WORK, CONTRACTOR warrants and guarantees to OWNER, for
one_ (1) 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 8 — CHANGES IN THE WORK

1.

After execution of the Contract, changes in the Work may be accomplished by Change
Order or by order for a minor change in the 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 9 — TIME

1.
2.

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 shall be
extended by Change Order for such reasonable time as may be determined.

Page 6 of 12

ARTICLE 10 —- 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.

Once every thirty (30) days, the CONTRACTOR shall submit an itemized Application
for Payment for operations completed in accordance with the values stated in the
Agreement. Such application shall be supported by such data substantiating the
CONTRACTOR’s right to payment as the OWNER may reasonably require.

Application for Payment performed under this agreement shall be submitted as follows:

» Electronically via email to VendorAPInvoices@NashuaNH.gov
OR
>» Paper Copies via US Mail to:

City of Nashua, City Hall
Accounts Payable
229 Main Street
Nashua, NH 03060

Please do not submit invoices both electronically and paper copy.

In addition, and to facilitate the proper and timely payment of applications, the
OWNER requires that all submitted invoices contain a valid PURCHASE ORDER
NUMBER.

The CONTRACTOR warrants that title to all Work covered by an Application for
Payment will pass to the OWNER no later than the time of payment. The
CONTRACTOR further warrants that upon submittal of an Application for Payment, all
Work for which Certificates for Payment have been previously issued and payments
received from the OWNER shall, to the best of the CONTRACTOR’s knowledge,
information and belief, be free and clear of liens, claims, security interests or other
encumbrances adverse to the OWNER’s interests.

OWNER shall make payments, for work satisfactorily completed and accurately invoiced,
on the basis of CONTRACTORs Application for Payment, within 30 days of approval by
the OWNER.

The CONTRACTOR shall promptly pay each subcontractor and supplier out of the
amount paid to the CONTRACTOR on account of such entities’ portion of the Work.

The OWNER shall have no responsibility for the payment of money to a subcontractor or
supplier.

An Application for Payment, a progress payment, or partial or entire use or occupancy of
the project by the OWNER shall not constitute acceptance of Work not in accordance with
the requirements of the Contract Documents.

Substantial completion is the stage in the progress of the Work when the Work or
designated portion thereof is sufficiently complete in accordance with the Contract
Documents so the OWNER can occupy or utilize the Work for its intended use.

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