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City of Nashua

Central Purchasing
229 Main Street
Nashua NH 03060
603-589-3330 Fax: 603-589-3344

December 22, 2015
Memo #16-101

TO: MAYOR LOZEAU
FINANCE COMMITTEE

SUBJECT: | CONTRACT AWARD FOR REPAIRS OF TENNIS COURTS AT GREELEY PARK
(VALUE: $14,450)
DEPARTMENT: 184 COMMUNITY DEVELOPMENT; FUND: GRANT
ACTIVITIES: CDBG 15 AND CDBG 16

Please see the attached communication from Nicholas Caggiano, Superintendent Parks and Recreation
dated December 17, 2015 for the 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 Superintendent of the Parks and Recreation Department, Board of Public Works (December 17,

2015) and the Purchasing Department recommend awarding of this contract in an amount of $14,450 to
East Coast Seal Coating of Abington, MA.

Respectfully,

an Kooken
Purchasing Manager

Ce: N Caggiano L Fauteux

To:

From:

Re:

C. Motion:

Attachments:

Discussion:

City of Nashua, Public Works Division
Board of Public Works Meeting Date: December 17, 2015

Nicholas Caggiano - Superintendent
Parks and Recreation Department

Tennis Court Rehabilitation Greeley Park

To approve the rehabilitation of 2 tennis courts at Greeley Park by East Coast Seal
Coating of Abington, MA. for the price of $14,450. Funding will be through
Department 177 Parks and Recreation Department; Fund: Trust; Jackman Fund
Greeley Park.

Bid Comparison, proposal

The scope of work for this project will include the following items.
« The cleaning and repair of approximately 500 feet of cracking with the
alternate material Armor Crack Fabric in cracks.
The cleaning of the entire court.
The painting of a new court surface
The painting of new tennis lines.
The painting of pickle ball court lines

The tennis courts repairs will be completed by June 3, 2016. East Coast Seal
Coating has a long client list of tennis court work. The work will come with a two
year warranty on materials and labor with the alternative product. The bid went
out to 8 companies. Three companies responded with a bid. The Purchasing
Manager and the Superintendent recommend this award.

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EXHIBIT A — IFB0651-112715
Project; Greeley Park, 100 Concord Street, Nashua, NH- 2 tennis courts

Tasks

© Clean and fill approximately 500 feet of structural cracks with concrete fortified with E330

Acrylic Binder or equal.
e Fill hairline cracks with Elite - Crack rubberized liquid crack filler, or equal.

e Clean and prepare entire surface area with compressed air.
Total area to receive 2 coats of Elite Color or equal. Color to be blue and light green. Texture

coat to contain the proper amount of sand to provide a tough wearing base. Topcoat to contain
proper amount of pigment to give a long lasting and attractive surface. Material manufactured

by CCR Sport Inc.
Apply 2 sets of hand painted regulation tennis lines with white textured ELIT E-Line paint or

equal.
Apply 4 sets of hand painted regulation pickle ball lines with an alternate color textured ELITE

— Line paint of equal.

The Non-Mandatory Pre-Bid Conference/Site Visit is highly recommended.

e This project will follow all required rules for wages and payroll as noted in the attached

document. Please reference prevailing wage information. LIS Co49sT Se ako Ming Tye
. P:0. (Bax YSS ‘
Bids are due by 3:30 PM on November 30, 2015 PALI NGO, KIEASS ~~. O83

Greeley Park Tennis Courts Crack Sealing and Painting. Bid $ 4 wie) Q

bokusroay /PAT? Subsrirete Reson Crack FRERIK IN CAACRS

Please describe your

warranty L Veuie MRTG BLE © Liphor~
eo SPARS wird Amar CRACK £32, QOD SE ares.)

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Work must be completed by Friday, June 3, 2016. Hanry Conraver

Contact Superintendent Nick Caggiano, Cagvianon(@nashuanh.vov (603) 589-3362 or Forman Bob

Genest, (603) 589-3365 Nashua, NH, Parks and Recreation Department with any questions,
(064) PBI-875- (POO
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IFB0651-112715 Greeley Park Tennis Court Repairs

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

And the Contractor; ABC COMPANY

For the following Project: IFB0651-112715 GREELEY PARK TENNIS COURT REPAIRS

ARTICLE 1-—- THE CONTRACT DOCUMENTS

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

1.

DAWN

7.

This Agreement signed by the Owner and Contractor, including the General Terms and

Conditions:

Scope of Work;

Drawings and Specifications provided in the bid documents:

Change Order Form;

Insurance Certificate;

Written change orders for minor changes in the Work issued after execution of this
Agreement; and

Fully Executed City of Nashua 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.

ARTICLE 2 —- DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION DATE

The date of commencement shall be the date of the Notice to Proceed. Substantial Completion

shall be

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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:

($ )
The Contract Sum shall include al! 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’.

(Sole Proprietors not subject to Workers’ Compensation requirements)

Contractor shall maintain in effect at all times during the performance under this contract all
specified insurance coverage with insurers. None of the requirements as to types and limits to be
maintained by Contractor are intended to and shail not in any manner limit or qualify the liabilities
and obligations assumed by Contractor under the contract. The City of Nashua shall not maintain
any insurance on behalf of Contractor. Subcontractors are subject to the same insurance
requirements as the Contractor and it shall be the Contractor's responsibility to ensure

compliance of this requirement.

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, contractors, or subcontractors. The only contractual relationship created by this
contract is between the City and Contractor, and nothing in this contract shall create any
contractual relationship between the City and Contractor's consultants, sub consultants,
contractors, or subcontractors. The parties also agree that Contractor is not a City employee and

that there shall! be no:

Withholding of income taxes by the City:

Industrial insurance coverage provided by the City;

Participation in group insurance plans which may be available to employees of the City;
Participation or contributions by either the independent contractor or the City to the public
employee's retirement system;

Accumulation of vacation leave or sick leave provided by the City:

Unemployment compensation coverage provided by the City.

AWN

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(1)

(2)

(3)

THIS FORM MUST BE SUBMITTED WITH ALL RESPONSES TO THIS IFB

Schedule D- Professional References

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Contact Phane Number: (y 3) 5 ly = 3090

Company Name: Pen V\ | Chuck WAAC D0

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ContactEmail: Mark.flien (0 PennicMuce. CONN

Contact Phone Number: { LoD> ) 3 v5 -{0 33 Y

Company Nyne: D uresne Cyiwp

contact Name ana tite AISA NA _HusVn s Pet.

Contact Ema Charts @ dutraincaroup won
ContactPhone: (fb2) 4 G 8 = $24)

1F80779-021022 2022 SEWER REPLACEMENT PROJECT

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Contractor will provide the City of Nashua with certificates of insurance for coverage as listed
below and endorsements affecting coverage required by the contract within ten calendar days
after the City issues the notice of award. The City of Nashua 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 City of
Nashua as an additional insured and reflect on the certificate of insurance. Contractor is
responsible for filing updated certificates of insurance with the City of Nashua’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

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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 City 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 City of
Nashua 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 City, 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 City, 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.

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General Terms and Conditions

ARTICLE § - 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 iabor, 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 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.

ARTICLE 7 - CONTRACTOR

1

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

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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.

3. 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.

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 Jabor, 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 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.

8. The Contractor shall pay sales, consumer, use and similar taxes that are legally 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 of the 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 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.

12. The Contractor shall confine operations at the site to areas permitted by law, ordinances,
permits, the Contract Documents and the Owner.

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

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

15. Contractor warrants and guarantees to Owner, for years, upon completion of work, that
all Work will be 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

r
Contractor, Subcontractors, Suppliers, or any other individual or entity for whom
Contractor is responsible; or

r Normal wear and tear under normal usage.

ARTICLE 8 - CHANGES IN THE WORK

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