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THE CITY OF NASHUA nthe Cate

Administrative Services
Purchasing Department

August 18, 2020
Memo #21-023

TO: Mayor Donchess
Finance Committee

SUBJECT: Barriers for Main Street Pilot

Please see attached communications from Tim Cummings, Economic Development Director dated August/2020

for project specific details related to this purchase. Below please find a summary of the purchase approval
request:

Item: Jersey Road Barriers
Value: $35,167.56
Vendor: Crowd Control Warehouse

Department: 183 Economic Development
Source Fund: NH GOFERR Cares Act Grant

Ordinance: Pursuant to NRO: § 5-84 Special purchase procedures A. (4) Sole-source procurements,
where the proposed purchase is manufactured by only one company.

The Economic Development Director and the Purchasing Department respectfully request your approval of this
contract.

Regards,

Kelly Parkinson
Purchasing Manager

Ce: T Cummings
J Graziano

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

(59) THE CITY GF NASHUA "The Cate City’

Economic Development

To: J. Donchess, Mayor
From: T. Cummings, Economic Development Director
Ce: J. Griffin, Mayor, K. Kleiner, Director of Administrative Services,
K. Parkinson, Purchasing Manager, & J. Graziano, Financial Manager
Date: August/2020

Re: Memorandum Seeking Approval of $35,167.56 For Jersey Barriers (Pilot) & Explaining The
Current Plan Narrowing Main Street with Barriers.

The purpose of this memo is to provide an explanation and communicate the current plan for continuing
with the narrowing of Main Street and the usage of barriers to assist with the re-opening of Nashua’s
restaurants and businesses in downtown creating a more favorable business climate.

Since the barriers were dropped in May of 2020 there has been widespread acknowledgement that not only
did the barriers do their job in helping get the downtown businesses open, but they also revitalized
downtown and gave new energy to an area that was ripe for re-invention.

The barriers were originally procured with an eye toward being temporary in nature and being functional.
Since that time the City understands and acknowledges that the barriers have been universally embraced,
but some individuals have asked for better aesthetics with suggestions that maybe the barriers could be
painted or personalized. Some of the local operators have added trees and plantings to create a more
hospitable condition.

Due to the outpouring of interest the Mayor, the Director of Public Works, the Assistant Director of Public
Works, the Director of Community Development, the City Engineer and I have been meeting weekly for
the last 6 weeks to discuss how we may be able to continue with the barriers into next season (and possibly
beyond). There are a few specific considerations that need to be understood. First, the funding of these
barriers will need to be decided upon as the current funding source may not be available the installation
and maintenance will be the city’s responsibility, because the city will own the barriers and will need to
store them as well during the off-season. The next iteration will take aesthetics more into consideration as
well, but safety is the highest priority.

To that end, after careful consideration of multiple vendors and products and in consultation with a handful
of municipalities including the City of Boston the decision was made to test or pilot two types of barriers
that met safety and design standards.

The request that is pending approval from the Finance Committee is for $35,167.56 from Crowd Control
Warehouse. This is one of the barrier structures being contemplated and this will allow the city to obtain
20 (10-ft.) curved concrete Jersey Barriers.

The other barricade is a water tank barrier designed. This barrier does not require Finance Committee
approval, because the cost is below $25,000.00, but nonetheless is part of the overall initiative.

Both structures will be put into service in September/October to be evaluated. One set of barriers will be
placed on Main Street (concrete barrier) and the other on a side street, most likely East Pearl Street (water
tank barrier). The evaluation period will be for approximately a month and half before the end of outdoor
dining, which is scheduled to conclude on November 15".

The plan is to solicit community input and to make a decision in the fall so preparations can be made to
purchase barriers for the spring of 2021. These new barriers would be owned by the City of Nashua and
we would be responsible for their installation and maintenance. Unlike the barriers displayed now, which
are rented. This newer plan creates a semi-permanent infrastructure where the city would for the
foreseeable future deploy these structures during the warmer months allowing for the narrowing of Main
Street. This semi-permanent condition will ultimately lead to a broader question as to whether the city
should take on a Main Street streetscaping project.

Thank you.

Crowd Control Warehouse

1525 W Homer Street Suite 203
Chicago IL 60642
United States

Quote for #D16383 (08/18/20)

Item Details

Quantity Item Taxes Part Number
20 x Curved Concrete Jersey Barrier - 10 FEET / CHARCOAL CCW-40-007-
DURA BRITE 00146

$0.00 NH STATE
Finish : CHARCOAL DURA BRITE TAX

Length : 10 FEET

Additional Info : Curved Concrete Jersey Barrier

Payment Details

Subtotal price:
Total tax:
Shipping:
Total price:
Total paid:

Outstanding Amount:

Price

$1,170.79

$23,415.80
$0.00
$11,751.76
$35,167.56
$0.00

$35,167.56

Note
Shipping To Sold To
Patricia Patricia
NH 03062 NH 03062
United States United States
Tel: +1 603 589 3143 Email: patriciana@nashuanh.gov

If you have any questions, contact us on sales@crowdcontrolwarehouse.com

If you are required to sign for your delivery, please check that all of your items are present and in good condition before
signing. Your delivery driver is required to wait for you to unwrap and inspect your entire shipment before signing for your
delivery. In the rare case that your items are either damaged or missing, please hold the driver and call us immediately upon
delivery in order to ensure a replacement or refund. If you cannot get in contact with a representative, please refuse the

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Remit Payment To:
Crowd Control Warehouse LLC
1525 W Homer Street, Suite 203

Chicago, IL 60642

1. Prices and Payment. Unless otherwise quoted by Seller to Buyer, prices shall be those in effect at time of shipment.
Balances that are not paid within thirty (80) days of the date of payment set forth in the terms of the invoice shall bear interest
at the rate of five (5) percent per month until paid.

2. Taxes. Seller’s prices are exclusive of any federal, state, or local tax, or any other tax or similar charge based upon or
measured by the gross receipts from this purchase order. If Seller is required by applicable law or regulation to pay or collect
any such tax, this amount will be added to the purchase price. Buyer agrees to reimburse Seller for any such tax or provide
Seller with an acceptable tax exemption certificate.

3. Currency. Unless otherwise expressly agreed in writing by Seller and Buyer, all fees shall be payable by Buyer in US
dollars.

4. Method of Payment. Seller accepts payment methods of bank wire, Visa, MasterCard, Discovery, American Express, and
check by mail.

5. Acceptance; Credit Check. All orders are subject to acceptance by Seller. Seller has the right to conduct a credit check of
Buyer.

6. International Shipments. International shipments are likely to be subject to additional customs and/or duty fees that are not
included in our shipping costs. Such costs will be billed directly to you by UPS or FedEx unless the buyer specifies a customs
broker to handle the transaction. Buyer is reasonable for all fees including but not limited to customs fees, duty fees and
storage fees.

7. Return of Goods and Damaged Shipments. Please refer to “Shipping & Returns” terms at
https :/Awww.crowdcontrolwarehouse.com/pages/shipping-returns

8. Shortages. Claims for shortages, other than loss in transit, must be made in writing within five (5) days after receipt of
shipment.

9. Warranties. Seller warrants that all products sold under this Purchase Order are free of any security interest and will be
made available to Buyer subject to transferable warranties made to Seller by the manufacturer of such products. SELLER
MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR PURPOSE.

10. Limitation of Liability. Buyer’s remedies under this Purchase Agreement are subject to any and all limitations contained in
the manufacturer’s terms and conditions to Seller. Furthermore, Seller’s liability to Buyer shall be limited to repairing or
replacing the products, or refunding the purchase price of the products, at Seller’s option. In any event, Seller shall not be
liable for any indirect, consequential, special, incidental, and/or punitive damages of any kind or nature, or, without limiting the
foregoing, for any lost profits.

11. Force Majeure. Seller shall not be responsible for delays or failures in performance, including delays in delivery, resulting
from acts beyond Seller’s control, including acts of God, strikes, lockouts, riots, acts of war, acts of terrorism, epidemics, fire,
communication line failures, power surges or failures, natural disasters, or failure of its suppliers to timely ship or deliver.

12. Waiver. Seller’s failure or neglect to enforce any of its rights under this agreement shall not be deemed to be a waiver of
Seller’s rights.

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13. Modification. No terms and conditions other than those stated herein, and no agreement or understanding, oral or in
writing, in any way purporting to modify these terms or conditions, shall be binding on Seller without the Seller's written
consent. Any additional or different terms in Buyer's form are hereby deemed to be material alterations and notice of objection
to them and rejection of them is hereby given.

14. Survival. If anyone or more of the provisions herein shall be held invalid, illegal, or unenforceable in any respect by a court
of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions of this agreement shall not be
affected thereby.

15. Severability. If any of the terms herein are deemed invalid, void, or for any reason unenforceable, that condition shall be
deemed severable and shall not affect the validity and enforceability of any remaining conditions.

16. Governing Law. This agreement, and all matters hereto, shall be governed by, and construed in accordance with, the laws
of the State of Illinois (without giving effect to the choice of law principles thereof).

17. Disputes. Any dispute relating in any way to these terms shall be submitted to confidential arbitration in Illinois, except that,
to the extent Buyer has in any manner violated or threatened to violate Seller’s intellectual property rights, Seller may seek
injunctive or other appropriate relief in any state or federal court in the state of Illinois, and Buyer consents to exclusive
jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of
the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of
competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to
an arbitration involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise.

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FINANCE COMMITTEE

AUGUST 19, 2020
7:00 PM

To Join Zoom Meeting: hitps://usO2web.zoom.us/i/81101771007 ?pwd=a3MwZERMMGY3N iphRySwcGF pRDFGZz09
Meeting ID: 811 0177 1007
Passcode: 180024

Join by telephone: 1-929-205-6099
Meeting ID: 811 0177 1007
Passcode: 180024

If there is a problem with the audio, please dial 603-827-2049 to advise

ROLL CALL
PUBLIC COMMENT
COMMUNICATIONS

From: Kelly Parkinson, Purchasing Manager
Re: Scheduled Replacement Mechanic/Fleet Vehicie

From: Kelly Parkinson, Purchasing Manager
Re: 2020 Ford Police Interceptor Utility Vehicle

From: Kelly Parkinson, Purchasing Manager
Re: Faro 3D Laser Scanning Measurement Machine

UNFINISHED BUSINESS

NEW BUSINESS — RESOLUTIONS
NEW BUSINESS — ORDINANCES
RECORD OF EXPENDITURES
GENERAL DISCUSSION

PUBLIC COMMENT

REMARKS BY THE ALDERMEN
POSSIBLE NON-PUBLIC SESSION

ADJOURNMENT

8 THE CITY OF NASHUA

Administrative Services
Purchasing Department

‘Tae Gents Dig"

August 13, 2020
Memo #21-022

TO: Mayor Donchess
Finance Committee
SUBJECT: Scheduled Replacement Mechanic/Fleet Vehicle
Please see attached communications from George Walker, Assistant Fire Chief dated August 3, 2020 for

project specific details related to this purchase. Below please find a summary of the purchase approval
request:

Item: 2020 Ford 4x4 F350 Truck and fit up
Value: $58,302.96
Vendor: Hillsboro Ford

Department: 152 Fire Rescue
Source Fund: CERF

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

The Nashua Fire Rescue and the Purchasing Department respectfully request your approval of this
contract.

Regards,
Kelly Parkinson

Purchasing Manager

Ce: G Walker
J Graziano

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

Nashua Fire Rescue George A Walker

aaa ‘ * Assistant Chief
Administrative Office (603) 594-3651

70 East Hollis Street, Nashua, NH 03060 FAX (603) 594-3654
www.nashuafire.com Walkerg@NashuaNH gov

To: Brian D. Rhodes

From: Assistant Chief George A. Walker

Date: August 3, 2020

Re: Replacement Mechanic Division Pickup Truck

Chief Rhodes,

I recommend moving forward with the replacement of the Mechanical Division Pickup Truck, as
per the Capital Equipment Reserve Fund (CERF) schedule.

Within the schedule Nashua Fire Rescue is currently due to replace the Mechanics 2009 Ford
F350 4 x4 Pickup.

Attached you should find pricing for this replacement vehicle and associated equipment for the
vehicle fit up. The total carried within the Cerf schedule for replacement is $ 58,486.00. With
your approval, we will move forward with the purchase of a 2020 Ford 4 x4 SDR/CSR F350
Pickup. The total purchase for vehicle and up fit is $58, 302.96.

The vendors for this purchase and up fit is as follows
e Vehicle Purchase
Hillsboro Ford per NH Government Bid List

e Light and Graphics
Adamson Industries

If you have any questions or concerns lease feel free to contact me.

Respectfully submitted,

A Wehbe,

George A. Walker
Assistant Chief