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17.

18.

19.

20.

post copies of the notice in conspicuous places available to employees and applicants for
employment.

The Contractor will comply with ail provisions of Executive Order No. 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.

The Contractor will furnish all information and reports required by Executive Order No, 11246 of
September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts by the contracting agency and the
Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations,
and orders.

In the event of the Contractor's non-compliance with the nondiscrimination clause of this contract or
with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended
in whole or in part and the Contractor may be declared ineligible for further Government contracts in
accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and
such other sanctions may be imposed and remedies invoked as provided in Executive Order No.
11246 of September 24,1965, or by rule, regulation, or order of the Secretary of Labor, or as
otherwise provided by law.

The Contractor will include the provisions of this section in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of
Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The Contractor will take such action with respect to any subcontract or
purchase order as the contracting agency may direct as a means of enforcing such provisions
including sanctions for noncompliance: Provided, however, that in the event the Contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction
by the contracting agency, the Contractor may request the United States to enter into such litigation to
protect the interests of the United States."

EEO/AA Statement - The Contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that it is an Equal Opportunity or Affirmative Action employer.

FEDERAL SUBCONTRACTING REQUIREMENTS. If Contractor awards a subcontract under this contract,
Contractor, if applicable, shall use the following alternative steps:

A. Using the services of the Small Business Administration and the Minority Business
Development Agency of the United States Department of Commerce, as appropriate; and
if applicable, Contractor agrees to complete and submit to the City a Minority Business
Enterprise(Woman Business Enterprise (MBE/WBE) Utilization Report (Standard Form
334) within 30 days after the end of each fiscal quarter until the end of the contract.

CONTRACTOR ENDORSEMENT. Contractor shall seal and/or stamp and sign professional documents
including drawings, plans, maps, reports, specifications, and other instruments of service prepared by
Contractor or under its direction as required under the laws of the State of New Hampshire.

ASSIGNMENT, TRANSFER, DELEGATION, OR SUBCONTRACTING. Contractor shall not assign, transfer,
delegate, or subcontract any rights, obligations, or duties under this contract without the prior written
consent of the City. Any such assignment, transfer, delegation, or subcontracting without the prior
written consent of the City is void. Any consent of the City to any assignment, transfer, delegation, or
subcontracting shail only apply to the incidents expressed and provided for in the written consent and
shall not be deemed to be a consent to any subsequent assignment, transfer, delegation, or
subcontracting. Any such assignment, transfer, delegation, or subcontract shall require compliance
with or shall incorporate all terms and conditions set forth in this agreement, including all incorporated
Exhibits and written amendments or modifications. Subject to the foregoing provisions, the contract
inures to the benefit of, and is binding upon, the successors and assigns of the parties.

City INSPECTION & MAINTENANCE OF CONTRACT MATERIALS. The Contractor must maintain all required
records for five years after final payments are made and all other pending matters are closed. The
books, records, documents and accounting procedures and practices of Contractor related to this
contract shall be subject to inspection, examination and audit, at any time during normal business

GC - 8 of 14

21.

22.

23.

hours and as frequently as is deemed necessary, by the City, including, but not limited to, the
contracting agency, Corporation Counsel, General Accounting Office, the Department of Housing and
Urban Development and, if applicable, the Comptroller General of the United States, or any authorized
representative of those entities.

DISPOSITION OF CONTRACT MATERIALS. Any books, reports, studies, photographs, negatives or other
documents, daia, drawings or other materials, including but not limited to those contained in mecia of
any sort (e.g., electronic, magnetic, digital) prepared by or supplied to Contractor in the performance
of its obligations under this contract shall be the exclusive property of the City and all such materials
shall be remitted and delivered, at Contractor's expense, by Contractor to the City upon completion,
termination, or cancellation of this contract. Alternatively, if the City provides its written approval to
Contractor, any books, reports, studies, photographs, negatives or other documents, data, drawings
or other materials including but not limited to those contained in media of any sort (e.g., electronic,
magnetic, digital) prepared by or supplied to Contractor in the performance of its obligations under this
contract must be retained by Contractor for a minimum of four years after final payment is made and
all other pending matters are closed. If, at any time during the retention period, the City, in writing,
requests any or all of the materials, then Contractor shall promptly remit and deliver the materials, at
Contractor's expense, to the City. Contractor shall not use, willingly allow or cause to have such
materials used for any purpose other than the performance of Contractor's obligations under this
contract without the prior written consent of the City.

PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS. Contractor expressly agrees that all documents
ever submitted, filed, or deposited with the City by Contractor (including those remitted to the City by
Contractor pursuant to paragraph 21), unless designated as confidential by a specific statue of the
State of New Hampshire, shall be treated as public records and shall be available for inspection and
copying by any person, or any governmental entity.

No books, reports, studies, photographs, negatives or other documents, data, drawings or other
materials including but not limited to those contained in media of any sort (e.g., electronic, magnetic,
digital) prepared by or supplied to Contractor in the performance of its obligations under this contract
shall be the subject of any application for a copyright or patent by or on behaif of Contractor. The City
shall have the right to reproduce any such materials.

Contractor expressly and indefinitely waives all of its rights to bring, including but not limited to, by way
of complaint, interpleader, intervention, or any third party practice, any claims, demands, suits,
actions, judgments, or executions, for damages or any other relief, in any administrative or judicial
forum, against the City or any of its officers or employees, in either their official or individual capacity,
for violations of or infringement of the copyright or patent laws of the United States or of any other
nation. Contractor agrees to indemnify, to defend, and to hold harmless the City, its representatives,
and employees from any claim or action seeking to impose liability, costs, and attorney fees incurred
as a result of or in connection with any claim, whether rightful or otherwise, that any material prepared
by or supplied to Contractor infringes any copyright or that any equipment, material, or process (or any
part thereof) specified by Contractor infringes any patent.

Contractor shall have the right, in order to avoid such claims or actions, to substitute at its expense
non-infringing materials, concepts, products, or processes, or to modify such infringing materials,
concepts, products, or processes so they become non-infringing, or to obtain the necessary licenses
to use the infringing materials, concepts, products, or processes, provided that such substituted or
modified materials, concepts, products, or processes shall meet all the requirements and be subject
to all the terms and conditions of this contract.

FINAL. ACCEPTANCE. Upon completion of all work under the contract, Contractor shall notify the City in
writing of the date of the completion of the work and request confirmation of the completion from the
City. Upon receipt of the notice, the City shall confirm to Contractor in writing that the whole of the
work was completed on the date indicated in the notice or provide Contractor with a written list of work
not completed. With respect to work listed by the City as incomplete, Contractor shall promptly
complete the work and the final acceptance procedure shall be repeated. The date of final acceptance

GC - 9 of 14

24,

25.

26.

27.

28.

29.

of a project by the City shall be the date upon which the Community Development Division Director or
other designated official accepts and approves the notice of completion.

TAXES. Contractor shall pay all taxes, levies, duties, and assessments of every nature due in
connection with any work performed under the contract and make any and all payroll deductions
required by law. The contract sum and agreed variations to it shall include all taxes imposed by law.
Contractor hereby indemnifies and holds harmless the City from any liability on account of any and all
such taxes, levies, duties, assessments, and deductions.

NON-WAIVER OF TERMS AND CONDITIONS. None of the terms and conditions of this contract shall be
considered waived by the City. There shall be no waiver of any past or future default, breach, or
modification of any of the terms and conditions of the contract unless expressly stipulated to by the
City in a written waiver.

RIGHTS AND REMEDIES. The duties and obligations imposed by the contract and the rights and
remedies available under the contract shall be in addition to and not a limitation of any duties,
obligations, rights, and remedies otherwise imposed or available by law.

PROHIBITED INTERESTS. Contractor shall not allow any officer or employee of the City to have any
indirect or direct interest in this contract or the proceeds of this contract. Contractor warrants that no
officer or employee of the City has any direct or indirect interest, whether contractual, non-contractual,
financial or otherwise, in this contract or in the business of Contractor. If any such interest comes to
the attention of Contractor at any time, a full and complete disclosure of the interest shall be
immediately made in writing to the City. Contractor also warrants that it presently has no interest and
that it will not acquire any interest, direct or indirect, which would conflict in any manner or degree with
the performance of services required to be performed under this contract. Contractor further warrants
that no person having such an interest shall be employed in the performance of this contract. if City
determines that a conflict exists and was not disclosed to the City, it may terminate the contract at will
or for cause in accordance with paragraph 8.

in the event Contractor (or any of its officers, partners, principals, or employees acting with its
authority) is convicted of a crime involving a public official arising out or in connection with the
procurement of work to be done or payments to be made under this contract, City may terminate the
contract at will or for cause in accordance with paragraph 8. Upon termination, Contractor shall refund
to the City any profits realized under this contract, and Contractor shall be liable to the City for any
costs incurred by the City in completing the work described in this contract. At the discretion of the
City, these sanctions shall also be applicable to any such conviction obtained after the expiration or
completion of the contract.

Contractor warrants that no gratuities (including, but not limited to, entertainment or gifts) were offered
or given by Contractor to any officer or employee of the City with a view toward securing a contract or
securing favorable treatment with respect to the awarding or amending or making of any
determinations with respect to the performance of this contract. If City determines that such gratuities
were or offered or given, it may terminate the contract at will or for cause in accordance with
paragraph 8.

The rights and remedies of this section shall in no way be considered for be construed as a waiver of
any other rights or remedies available to the City under this contract or at law.

THIRD PARTY INTERESTS AND LIABILITIES. The City and Contractor, including any of their respective
agents or employees, shall not be liable to third parties for any act or omission of the other party.
This contract is not intended to create any rights, powers, or interest in any third party, and this
agreement is entered into for the exclusive benefit of the City and Contractor.

SURVIVAL OF RIGHTS AND OBLIGATIONS. The rights and obligations of the parties that by their nature
survive termination or completion of this contract shall remain in full force and effect.

GC - 10 of 14

30. SEVERABILITY. in the event that any provision of this contract is rendered invalid or unenforceable by
any valid act of Congress or of the New Hampshire legislature or any court of competent jurisdiction,
or is found to be in violation of state statutes or regulations, the invalidity or unenforceability of any
particular provision of this contract shall not affect any other provision, the contract shall be construed
as if such invalid or unenforceable provisions were omitted, and the parties may renegotiate the
invalid or unenforceable provisions for sole purpose of rectifying the invalidity or unenforceability.

31. MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT. This contract constitutes the entire contract
between the City and Contractor. The parties shall not be bound by or be liable for any statement,
representation, promise, inducement, or understanding of any kind or nature not set forth in this
contract. No changes, amendments, or modifications of any terms or conditions of the contract shall
be valid unless reduced to writing and signed by both parties.

32. CHOICE OF LAW AND VENUE. ‘This contract shall be governed exclusively by the laws of the State
of New Hampshire and any claim or action brought relating to this contract, the work performed or
contracted to be performed thereunder, or referable in anyway thereto shall be brought in Hillsborough
County (New Hampshire) Superior Court Southern Judicial District or in the New Hampshire 9th Circuit
Court—Nashua and not elsewhere.

33. HUD Administrative Requirements

A. Hatch Act - The Contractor agrees that no funds provided, nor personnel employed under this
Contract, shall be in any way or to any extent engaged in the conduct of political activities in
violation of Chapter 15 of Title V United States Code.

B. Lobbying - The Contractor hereby certifies that:

1.

No Federal appropriated funds it has received or will receive have been paid or willl be paid, by or on
behalf of it, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement;

lf any funds other than Federal appropriated funds have been paid or will! be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying,” in accordance with its instructions; and

It will require that the following language of be included in the award documents for all sub awards at
all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative
agreemeni(s) and that all Contractor(s) shall certify and disclose accordingly as follows:

Lobbying Certification - This certification is a material representation of fact upon which reliance
was placed when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.
Code. Any person who fails to file the required certification shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such failure.

C. Religious Organization - The Contractor agrees that funds provided under this Agreement will not be
utilized for religious activities, to promote religious interests, or for the benefit of a religious organization in
accordance with the Federal regulations specified in 24 CFR 570.2000).

GC - 11 of 14

EXHIBIT B - SCOPE OF SERVICES
TO THE CONTRACT BETWEEN THE CiTy OF NASHUA
AND
PROLIFIC PROPERTY MANAGEMENT
DBA ALCHEMY LEAD MANAGEMENT

1. General Requirements

1.1

1.2

1.3

1.4

1.5

1.6

Risk assessments, inspections, testing and sampling shall comply with all applicable federal, state
and local laws, rules, regulations and guidelines. Some of these include: OSHA 29 CFR 1926,
Construction Industry Standards; 24 CFR Part 35, U.S. Department of Housing and Urban
Development's Lead-Based Paint Poisoning Prevention in Certain Residential Structures; 40 CFR
Part 745, Environmental Protection Agency's Lead Hazard Standards Rule; and the New Hampshire
Code of Administrative Rules, Chapter He-P 1600. in situations where the regulations differ,
whichever is the more stringent shall be followed.

Trained and Certified Professionals
All activities must be conducted by persons qualified and licensed to perform the activities according
to applicable federal, state and local requirements.

Scheduling
Inspector/Risk Assessor must contact the owner within 24 hours following notification from the
Program that a property is approved for an initial LIRA.

Laboratory Analysis
All laboratory analysis must be performed by an EPA accredited laboratory

Test Results

Lead paint inspection and risk assessment reports must be provided to the LP & HH Program
electronically within five (5) business days following completion. All reports and test results
must also be provided to the property owner, in writing, within 15 days of completing the
assessments/inspections in accordance with 24 CFR, Part 35. A Statement regarding the property
owner’s responsibility of disclosure must be included in the report.

Insurance

General Liability: $1,000,000 per occurrence; $2,000,000 aggregate
Automobile Liability: $1,000,000 Combined single limit

Workers’ Compensation as required by State of NH

Professional Liability: $1,000,000

2. Evaluation & Clearance Requirements

2.1

2.2

The Risk Assessor/inspector shall perform a combination lead-based paint inspection/risk
assessments using an XRF analyzer, of all interior and exterior coated components and surfaces in
compliance with all applicable local, state and federal rules and guidelines, in approximately 180
units. The risk assessment shall include taking soil samples as required. If the soil is not accessible
at the time of initial assessment, samples shall be taken at a later date at no additional cost to the LP
& HH Program. Reports must be provided to the LP & HH Program electronically within five (5)
business days of completion of on-site inspections. Next day analysis for dust wipes taken as part
of risk assessment is not necessary, however results must be provided with the report.

The Risk Assessor/Inspector shall perform clearance examinations, following the completion of all
required lead hazard reduction, in compliance with all applicable local, state and federal rules and
guidelines. Clearance fees shall be separated between a first-time clearance and clearance after
failures and include the cost to collect dust-wipe clearance samples. Lead Abatement contractors
will be instructed to prepare common areas for clearance at the time of a unit clearance to reduce the
number of visits required by the Risk Assessor/Inspector. “Next Day” analysis is required for dust
wipe samples taken at the first clearance visit.

2.3

2.4

2.5

Clearances — After Failure

Clearance inspections after a failed visual inspection or failed dust-wipe samples must be given
priority and be performed within 24 hours of notification of such failure. “Same Day’ analysis is
required for dust wipe samples after a failed visual clearance and/or failed dust wipe samples.
Provide copies of laboratory reports to LP & HH Program. LP&HH Program Staff may authorize
“next-day” for vacant units or other special circumstances.

LP&HH Program staff must be notified of all inspections in order to attend.

A site visit fee may be billed, when authorized in advance by LP&HH Program staff, for unusual
circumstances. Examples include, but are not limited to, client failure to make property accessible,
visual clearance of soil remediation, failure of contractor to prepare common areas for clearance at
time of a unit clearance, etc. This fee shall not exceed 50% of the inspection/risk assessment or
clearance fee, whichever is lower.

3. Compensation and Method of Payment

3.1 Basis for Payment
Payments made to the Risk Assessor/Inspector shall be supported by bills or invoices, which include
the property address, the date and description of services. The invoices shall be signed and certified
by the Risk Assessor/Inspection that the work performed has been undertaken and completed in
accordance with the Scope of Services and terms of this Contract. Payments will be processed
following completed services as approved by the LP & HH Program and made in accordance with the
City’s payment schedule. The City issues payments at least twice a month.
3.2 Compensation
Compensation shall be in accordance with the fees listed below:
Service Description Unit Fee
Initial Combined Lead Paint Inspection & Risk Assessment Per unit $298.00
Risk Assessment Dust Wipe Samples / Soil Per Sample Per sample $15/$15
Preliminary Clearance Inspection .
(to verify removal of components and/or surface coating) Per unit $150.00
Final Clearance Inspection .
(after completion of lead hazard reduction work) Per unit $175.00
“Next Day” dust wipes taken at Final Clearance Inspection Per wipe $15.00
Subsequent clearance Inspections following failure(s) .
(will be back-charged to contractor) Per unit $175.00
“Same Day” Dust Wipe Samples taken after a failure
(will be back-charged to contractor) Per sample $15.00
Site fee for visits not listed above, i.e. unable to access property, soil Per visit $75.00
clearance, etc (requires advance Program approval to be eligible for billing) ,

Period of Performance
No expenses incurred prior to the date of this agreement shall be reimbursed. The Contractor
agrees that the funded activity shall be completed by February 1, 2020.

\ THE CITY OF NASHUA "The Gate City’

Financial Services

Purchasing Department

January 11, 2018
Memo #18-071

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: | PURCHASE OF HENDERSON LIQUID ANTI-ICE SPRAYING SYSTEM (VALUE:
$245,993)
DEPARTMENT: 160 ENGINEERING; FUND: GRANT

Please see the attached communication from Jonathan Ibarra, Superintendent Street Department dated
December 14, 2017 for the information related to this purchase.

Pursuant to § 5-84 Special purchase procedures A. (3) Purchases which can be procured through
cooperative intergovernmental purchase agreements with other governmental jurisdictions.

1. Purchase of one (1) Henderson BrineXtreme Ultimate Brine Making Unit, Controllers and Truck
Loading Station for $109,606.

2. Purchase of four (4) Henderson Liquid Anti-lce Spraying Systems for $69,508.

3. Purchase of eleven (11) Henderson Truck Mounted Pre Wet Systems for $69,508.

The Superintendent of the Street Department, Board of Public Works (December 14, 2017 meeting) and

the Purchasing Department recommend awarding these purchases in the amount of $245,993 to Penway
Sales and Service of Leominster, MA.

pectfuljy;
n kooken

urchasing Manager

R

Ce: J Ibarra L Fauteux

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

To:

From:

Re:

A. Motion:

Attachments:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: December 14, 2017

Jonathan Ibarra, Superintendent
Street Department

Purchase of Henderson BrineXtreme Ultimate Brine making unit, controllers and
truck loading station.

To approve the purchase of The Henderson BrineXtreme Ultimate brine making
unit, controllers and truck loading station from Penway Sales and Service of
Leominster, MA. The total price is $109,606. Funding will be through
Department: 160 Engineering; Fund: Grant; Activity: Highway Block Grant.

Quote

Penway Sales and Service met the NJPA price this being the equivalent of a State
bid.

The purchase of the Henderson Pro Product will enable the Street Department to
make and load the trucks with salt Brine. Due to the ever increasing
environmental concerns related to the use of winter salt the Division of Public
Works has been exploring the latest technologies available to reduce salt
consumption. Through the various snow conferences and salt symposiums we
have learned that the use of salt brine can and will reduce the amount of salt that
needs to be applied while not impacting the level of service provided. This will
have a positive impact to both the environment and our salt budget. There is an
upfront cost to making and applying brine but it will pay for itself in a short time.
The Henderson BrineXtreme Ultimate unit consists of the main mixing hopper
the controllers to operate the unit and the truck fill station capable of loading 3
trucks at a time.

Customer Name of Nashua NH
NJPA Member

HEMAEFSON *ensescnnira Recon worisheet owner.

Date
List Cast Unit List Cost Discount Net Extended
Product Description {Each Unit) Quantity {Total} Type Each Total (Net)
Henderson BrineXtreme Ulitmate S$ 120,681 1 S$ 120,681 10% § 108,613 § 108,613 |
NIPA Contact Item(s) Total (Net $ 108,613 |

Non-Contract Items (Non-Brine Extreme ftems ONLY)

ListS{Each UnitQTY List Discount NetEach Net Total
25%
25%
25%
25%
25%
25%
25%
25%
25%
25%
25%
25%
25%
25%
25%
25%
25%
25%
25%

Non-Contract Items (For Brine Extreme Items ONLY}
List$ (Each — Unit List Discount NetEach Net Total
10%
10%
10% $
Non-Contract Total

Please provide this recap page along with the individual product worksheet{(s} when submitting your purchase or Order Total (Net)

if this summary page is used for customer purchse order, customer must sign and date here.
Print Name Date

Signature Date

City of Nashua, Public Works Division

To: Board of Public Works Meeting Date: December 14, 2017
From: Jonathan Ibarra, Superintendent

Street Department
Re: Purchase of Henderson BrineXtreme Ultimate Brine making unit, controllers and

truck loading station.

B. Motion: To approve the purchase of Four Henderson Liquid Anti-ice spraying systems
from Penway Sales and service of Leominster, MA. The total price of the four
units is $69,508. Funding will be through Department: 160 Engineering; Fund:
Grant; Activity: Highway Block Grant.

Attachment: Quote

Discussion: Penway Sales and Service met the NJPA price this being the equivalent of a State
bid.

The purchase of the Henderson anti-ice spraying system is a 925 gallon liquid
brine skid tank and will be mounted in four of our existing fleet plow trucks. This
will enable the Street Department to pre-treat all pre salt runs with liquid brine.
This application can be done as much as 24 hrs. in advance of an approaching
winter weather event. The use of liquid brine will reduce the salt application rate
while still maintaining the current level of service. The application of liquid brine
will also have environmental impact as less salt will be needed to clear our roads.
The Brine will be loaded through the truck loading station that is part of the
BrineXtreme brinemaking unit.