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17.

18.

19,

20.

advance in employment, or to otherwise treat qualified, handicapped individuals without
discrimination based upon physical or mental handicap in all employment practices, including but
not limited to the following: employment, upgrading, demotion, transfer, recruitment,
advertising, layoff, termination, rates of pay, or other forms of compensation and selection for
training, including apprenticeship.

Without limitation of the foregoing, Independent Contractor's attention is directed to Title
41”Public Contracts and Property Management” C.F.R. Subtitle B “Other Provisions Relating to
Public Contracts” Section 60 “Office of Federal Contract Compliance Programs, Equal
Employment, Department of Labor” which, by this reference, is incorporated in this contract.

Independent Contractor agrees to assist disadvantaged business enterprises in obtaining business
opportunities by identifying and encouraging disadvantaged suppliers, consultants, and sub
consultants to participate to the extent possible, consistent with their qualification, quality of
work, and obligation of Independent Contractor under this contract.

In connection with the performance of work under this contract, Independent Contractor agrees
not to discriminate against any employee or applicant for employment because of race, creed,
color, national origin, sex, age, or sexual orientation. This agreement includes, but is not limited
to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship.

Independent Contractor agrees, if applicable, to insert these provisions in all subcontracts, except
for subcontracts for standard commercial supplies or raw materials. Any violation of any
applicable provision by Independent Contractor shall constitute a material breach of the contract.

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

ASSIGNMENT, TRANSFER, DELEGATION, OR SUBCONTRACTING Independent Contractor shall
not assign, transfer, delegate, or subcontract any rights, obligations, or duties under this contract
without the prior written consent of the City of Nashua. Any such assignment, transfer,
delegation, or subcontracting without the prior written consent of the City of Nashua is void. Any
consent of the City of Nashua to any assignment, transfer, delegation, or subcontracting shall 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 OF CONTRACT MATERIALS The books, records, documents and accounting
procedures and practices of Independent Contractor related to this contract shall be subject to
inspection, examination and audit by the City of Nashua, including, but not limited to, the
contracting agency, the Board of Police Commissioners, Corporation Counsel, 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, 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 Independent
Contractor in the performance of its obligations under this contract shall be the exclusive property

GC 8 of 12

21.

22.

of the City of Nashua and all such materials shall be remitted and delivered, at Independent
Contractor's expense, by Independent Contractor to the City of Nashua upon completion,
termination, or cancellation of this contract. Alternatively, if the City of Nashua provides its
written approval to Independent 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 Independent
Contractor in the performance of its obligations under this contract must be retained by
Independent 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 of Nashua, in
writing, requests any or all of the materials, then Independent Contractor shall promptly remit and
deliver the materials, at Independent Contractor's expense, to the City of Nashua. Independent
Contractor shall not use, willingly allow or cause to have such materials used for any purpose
other than the performance of Independent Contractor's obligations under this contract without
the prior written consent of the City of Nashua.

PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS Independent Contractor expressly agrees
that all documents ever submitted, filed, or deposited with the City of Nashua by Independent
Contractor (including those remitted to the City of Nashua by Independent Contractor pursuant to
paragraph 20), 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 Independent 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 behalf of Independent Contractor. The City of Nashua shall have the right to reproduce any
such materials.

Independent 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 of Nashua or any of its officers or employees, in
either their official or individual capacity of the City of Nashua, for violations of or infringement
of the copyright or patent laws of the United States or of any other nation. Independent
Contractor agrees to indemnify, to defend, and to hold harmless the City of Nashua, its
representatives, and employees from any claim or action seeking to impose liability, costs, and
attomey fees incurred as a result of or in connection with any claim, whether rightful or
otherwise, that any material prepared by or supplied to Independent Contractor infringes any
copyright or that any equipment, material, or process (or any part thereof) specified by
Independent Contractor infringes any patent.

Independent 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, Independent Contractor
shall notify the City of Nashua in writing of the date of the completion of the work and request
confirmation of the completion from the City of Nashua. Upon receipt of the notice, the City of
Nashua shall confirm to Independent Contractor in writing that the whole of the work was

GC 9 of 12

23.

24.

25,

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completed on the date indicated in the notice or provide Independent Contractor with a written
list of work not completed. With respect to work listed by the City of Nashua as incomplete,
Independent Contractor shall promptly complete the work and the final acceptance procedure
shail be repeated. The date of final acceptance of a project by the City of Nashua shall be the date
upon which the Board of Police Commissioners or other designated official accepts and approves
the notice of completion.

TAXES Independent 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. Independent Contractor hereby indemnifies and holds harmless the City of
Nashua from any liability on account of any and all such taxes, levies, duties, assessments, and
deductions.

NON-WAIVER GF TERMS AND CONDITIONS None of the terms and conditions of this contract
shall be considered waived by the City of Nashua. 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 of Nashua 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 Independent Contractor shall not allow any officer or employee of the
City of Nashua to have any indirect or direct interest in this contract or the proceeds of this
contract. Independent Contractor warrants that no officer or employee of the City of Nashua has
any direct or indirect interest, whether contractual, no contractual, financial or otherwise, in this
contract or in the business of Independent Contractor. If any such interest comes to the attention
of Independent Contractor at any time, a full and complete disclosure of the interest shall be
immediately made in writing to the City of Nashua. Independent 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. Independent Contractor further warrants that no person having such an interest shall
be employed in the performance of this contract. If City of Nashua determines that a conflict
exists and was not disclosed to the City of Nashua, it may terminate the contract at will or for
cause in accordance with paragraph 8.

In the event Independent 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 of Nashua may terminate the contract at will or for cause in accordance with paragraph 8.
Upon termination, Independent Contractor shall refund to the City of Nashua any profits realized
under this contract, and Independent Contractor shall be liable to the City of Nashua for any costs
incurred by the City of Nashua in completing the work described in this contract. At the
discretion of the City of Nashua, these sanctions shall also be applicable to any such conviction
obtained after the expiration or completion of the contract.

Independent Contractor warrants that no gratuities (including, but not limited to, entertainment or
gifts) were offered or given by Independent Contractor to any officer or employee of the City of
Nashua 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 of Nashua determines that such gratuities were or offered or given, it may
terminate the contract at will or for cause in accordance with paragraph 8.

GC 10 of 12

27,

28.

29.

30.

31.

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 of Nashua under this contract or at law.

THIRD PARTY INTERESTS AND LIABILITIES The City of Nashua and Independent 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
of Nashua and Independent 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.

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.

MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT This contract constitutes the entire
contract between the City of Nashua and Independent 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.

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.

GC 11 of 12

EXHIBIT B
According to Proposal No RFP0610-042522 from Material Handling Sales, Inc- dated 4-25-2022 offers

replacement and installation of lockers. Work is to be completed by 11/8/2022; if an extension of this
date is required it must be in writing and requires the approval of both parties.

GC 12 of 12

Exhibit 8

06 10-042522 Lockers
BID FoRM
Project identification: 00610-042522
Bid Identification Number: Nashua Police Lockers
This Proposal is submitted to: City of Nashua Purchasing Department

229 Main Street, City Hall
Nashua, NH 03061-2019

The undersigned Vendor proposes and agrees, if this Bid is accepted, to enter into an agreement with the City in
the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents
for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of
the Bidding Documents,

Vendor accepts all of the terms and conditions of the Advertisement or Request for Proposal and Instructions to
Vendors, including without limitation those dealing with the disposition of Bid security. The Bid will remain subject
to acceptance for ninety (90) days after the day of proposal opening, or for such longer period of time that Vendor
may agree to in writing upon request of the City.

In submitting this Proposal, Vendor represents, as set forth in the Agreement, that:
* Vendor has examined and carefully studied the Bidding Documents and the following Addenda,
receipt of all which is hereby acknowledged.

Addendurn No. Addendum Date
1 H-ih- >

Vendor is familiar with and is satisfied as to all federal, state and focal Laws and Regulations that may affect cost,
progress and performance of the bid.

The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions
for performance of the Work for which this Bid is submitted

Vendor further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed
individual or entity and is not submitted in conformity with any agreement or rules of any group, association,
organization or corporation; Vendor has not directly or indirectly induced or solicited any other Bidder to submit a
false or sham Bid; Vendor has not solicited or induced any individual or entity to refrain from bidding; and Vendor
has not sought by collusion to obtain for itself any advantage over any other Bidder or over the City.

Submitted by:
5 — “The Lew teere
Name of Organization Moxenre\ Wandhag Saves _Llnc- Store”
Name & Titie of Authorized Representative Ere Pere TSO —- Vice Preselen* -S°. Pat
Address: RO Downecdste Drwe
Yar anocth ~ Marne 40%
Telephone/Email (207) @46-10OS4 Extio 3

1 of 3
Bid Form

Exhibit B

0610-042522 Lockers
Men's Patrolman’s Locker Room (front & rear) #1 a Ri rhe rinse
Removal & Disposal of Existing Lockers & Components sT782 “a
142 Lockers & Components as specified in the RFP Scope of Work S75, 3QH. ao
Installation of 142 Lockers as per RFP Scope of Work $33,160. a0]
Shipping, Taxes, Misc. Fees $2922.00
Option 2: Electrical Service for 142 installed lockers $4,308.04
#itotal Gost se ee Ne agent EP ah SiAaiee
Women's Patrolman’s locker Room#20 0 pe encinee
Removal & Disposal of Existing Lockers & Components SUS” .04
28 Lockers & Components as specified in the RFP Scope of Work $14,347.04]
Installation of 28 Lockers as per RFP Scope of Work $6,316 .00
Shipping, Taxes, Misc. Fees $ L706 a
Option 2: Electrical Service for 28 installed lockers $601 -bw
Depa tee CET See eee
ei Rice aie S750! b)
Electrical Service z system coniponants for 6 installed lockers FRCIP
MANORS Cost eet et RI do Cone Cat
Stand total Cost ea2eRS4RA) Sites e208

Acknowledgement is made of receipt of the following bid documents: Request for Proposal, Exhibit A (Scope of
Work), Exhibit B (Bid Form), Appendix A (Contract, Terms & Conditions)

ty fl n LF
Morxesial Ha naling S les, Trac “The Locke ro ere
(Name of Bidding Vendor}
ee a 6
So __
(Signature}

2of3
Bid Form

Exhibit 8
0610-04252? Lockers

Immigration Reform and Control Act of 1986: The undersigned certifies that it does not and will not during the
performance of this Contract violate the provisions of the Federal Immigration Reform and Control Act of 1986,
which prohibits employment of iilegal aliens.

Disqualification of Bidders: By signing this bid or proposal, the undersigned certifies that this
person/firm/corporation is not currently barred from bidding on contracts by any Federal Agency or Agency of the
State of New Hampshire, nor is this person/firm/corporation a part of any firm/corporation that is currently barred
from bidding on contracts by any Federal Agency or Agency of the State of New Hampshire. We have attached an
explanation of any previous debarment(s) and copies of notice(s) of reinstatement(s}.

Bidding Organization Moarxe cal Ka nd\ 19, Sales, aa s
Name & Title of Authorized Representative Eevee Peterse.~ YP -.Sr Estimates
Fad
Signature ee. Cr KA. _ Date_4Y~a 5-22
Jof3

Bid Forsn

LOCKER QUOTE une #

Material Handling Sales Quote Date:
SALES ¢ SERVICE20 Downeast Drive Yarmouth, Me. 04096 4/25/2022

E INSTALLATION (207) 846-1054 FAX (207) 846-4423
USA (800) 458-6870

BillIo:_J Shinto:]

City of Nashua- Purch Dept. Nashua Police Department

229 Main Street 28 Officer James Roche Drive
Administrative Services Division Att: Deputy Chief Joseph Fay
Nashua NH 03061 Nashua NH 03062
Requesters Name: Ship Via: Terms:

Kelly Parkinson Delivered and Installed Net 30 Days
Shipment: FOB: Quoted By:
20-22 Weeks ME Eric Peterson
Customer R.F.Q. Customer Phone: Customer Fax:
Lockers (603) 589-3333

Dear Ms. Parkinson,

We are pleased to offer this proposal for the renovation of the Nashua Police
Department Locker Rooms. Please review and contact us with any questions. We look
forward to working with you on this project.

NOTES:
1: Includes Accetnace of Addendum #1 with following exceptions.

A) MHS will provide pressure treated base at 3 locations in mens locker room to
support lockers (per field measure).

Per field measurements- Male Patrol fits (147 lockers). (If only (142) is required, please
deduct $4000 from this proposal)

B) Metal Z-base wiil be supplied in Men's Patrol Room #2 Only. Mens Patrol #1 and
Womens Patrol have existing concrete bases which will be reused.

2: Lockers to be rivited construction at all points except where joined in the field. Field
connections will be nut and bolt. (at frames)

3: Dumpsters will be provided by MHS and staged in parking lot during the demolition
process.

4: Electrical includes replacing a pane! for the Male Patrol Rooms and providing a New
42 circuit panel to support the electrical power strips in these rooms.
WE WILL SUBCONTRACT GATE CITY ELECTRIC FOR THIS WORK.

5: Demolirtion and installation includes use of elevator.

To Accept This Proposal Please Review Our Terms and Conditions on The
Following Page and Return To MHS

1

City of Nashua

Purchasing Department
Administrative Services Division (603) 589-3330
229 Main Street - Nashua, NH 03060 Fax (603) 594-3233

May 24, 2022
Memo #22-281

TO: Mayor Donchess
Finance Committee

SUBJECT: Wastewater Chemicals Change Order #1: Polymer & Sodium Hypochlorite in the amount
not to exceed $56,000 funded from account 61156 Chemicals/Wastewater Fund

Please see attached communications from David Boucher, Superintendent of the Wastewater Department,
dated May 25, 2022 for project specific details related to this purchase. Below please find a summary of
the purchase approval request:

Item: Wastewater Chemicals: Polymer & Sodium Hypochlorite

Value: Polymer in the amount of $28,000 and Sodium Hypochlorite in the amount of
$28,000 to total $56,000

To Date: Approved 7/7/21: $600,000 (Finance Memo 22-146)
Vendor: Polymer from Polydyne of Riceboro GA and Sodium Hypochlorite from Borden &
Remington of Fall River MA

Department: 169 Wastewater
Source Fund: 61156 Chemicals/Wastewater Fund

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

The Board of Public Works (5/25/22 BPW meeting), Division of Public Works: Wastewater, and the
Purchasing Department respectfully request your approval of this contract.

Regards,
Kelly Parkinson

Purchasing Manager

Ce: D Boucher
C O'Connor