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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 mghts 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 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 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

GC 10 of 12

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of the notice, the City of Nashua shall confirm to Independent Contractor in writing that
the whole of the work was 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 shall be repeated. The date of final
acceptance of a project by the City of Nashua shall be the date upon which the Board of
Public Works 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 OF 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, noncontractual, 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.

GC 11 of 12

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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.

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 12 of 12

THIS FORM MUST BE SUBMITTED WITH ALL RESPONSES TO THIS RFP

BID FORM

PROJECT IDENTIFICATION: SCRAP METAL RECYCLING PROGRAM

CONTRACT IDENTIFICATION AND NUMBER: REP1058-030421

THIS BID IS SUBMITTED TO: City of Nashua, New Hampshire
Purchasing Department
229 Main Street, City Hall
Nashua, NH 03061-2019

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

2. The Vendor accepts all of the terms and conditions of the Advertisement or Request for Proposals and
Instructions for Bidders, including without limitation those dealing with the disposition of Security. The
proposal 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.

3. In submitting this proposal, Vendor represents, as set forth in the Agreement, that:

A. Vendor has examined and carefully studied the RFP Documents and the following Addenda,
receipt of all which is hereby acknowledged.

Addendum No. Addendum Date

B. Vendor has visited the Site and become familiar with and is satisfied as to the general, local
and site conditions that may affect cost, progress, and performance of the work.

BF-1o0f7

THIS FORM MUST BE SUBMITTED WITHALL RESPONSES TO THIS RFP

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

D. Vendor has obtained and carefully studied (or assumes responsibility for having done so) all
additional or supplementary examinations, investigations, explorations, tests, studies and
data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous
to the Site which may affect cost, progress, or performance of the Work or which relate to
any aspect of the means, methods, techniques, sequences, and procedures of construction to
be employed by Vendor, and safety precautions and programs incident thereto.

E. Vendor does not consider that any further examinations, investigations, explorations, tests,
studies, or data are necessary for the determination of this bid for performance of the Work
at the price(s) bid and within the times and in accordance with the other terms and

conditions of the RFP Documents.

F. Vendor is aware of the general nature of work to be performed by the City and others at the
Site that relates to the Work as indicated in the RFP Documents.

G. Vendor has correlated the information known to Vendor, information and observations
obtained from visits to the Site, reports and drawings identified in the RFP Documents, and all
additional examinations, investigations, explorations, tests, studies, and data with the RFP

Documents.

H. Vendor has given written notice of all conflicts, errors, ambiguities, or discrepancies that
Vendor has discovered in the RFP Documents, and the written resolution thereof by the City

is acceptable to Vendor.

|. The RFP Documents are generally sufficient to indicate and convey understanding of all terms
and conditions for performance of the Work for which the proposals submitted.

Vendor further represents that this proposal 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 Vendor to submit a false or sham proposal; Vendor has not solicited or
induced any individual or entity to refrain from bidding; and has not sought by collusion to obtain for
itself any advantage over any other Vendor or over the City .

BF -2of7

THIS FORM MUST BE SUBMITTED WITH ALL RESPONSES TO THIS RFP

The requirements of the New Hampshire Revised Statutes Annotated shall apply to this project. The
Vendor is responsible for compliance with all applicable statutes. The entire set of the Revised Statutes

Annotated is available online at:
http://gencourt.state.nh.us/rsa/html/indexes/default.htm!
Vendor will complete the Work in accordance with the Contract Documents for the following prices:

A. Vendor acknowledges that estimated quantities are not guaranteed, and are solely for the
purpose of comparison of proposals, and final payment for all Unit Price Bid items will be
based on actual quantities provided, determined as provided in the Contract Documents.

The following documents are attached to and made a condition of this Proposal:

A. Bid Form —which includes a tabulation of Subcontractors, Suppliers and other individuals and
entities required to be identified in this Proposal;

B. Bid Bond;

C. Attachment A —- Proposal Qualification Statement;
D. Attachment B — Proposal Costs;

E. Attachment C — References; and

F, Any and all addendums issued after the release of this RFP. Upon issuance, addendums can be
found on the City website or on Bid Express with the original proposal documents

Communications concerning this Proposal shall be
addressed to: (Contractor's mailing address to be filled in

by Vendor)

Wine ELE LD Aprox, Ina
2 kr. ||| Atkinson NH 038)!

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THIS FORM MUST BE SUBMITTED WITH ALL RESPONSES TO THIS RFP

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

SUBMITTED on Maren oy=# ,20_z21
Business Name (typed or printed): Ww pFLELD A LLON , RT
(J individual [] Partnership [Hcorporation (J Joint Venture
Type:
(J General CI General
~ | Publicly Traded (I Professional
imited [xT Services
L) Other [7] Limited Liability

By: I {\

(SEAL)

Fal ‘ Undividual 's bignature, General Partner, Officer with authority to sign)

Doing Business as}:

Z2 kr Iii
—__Atkinison WH 038il

Business Address:

WonpFIELD Arrpy Z Loe.

Phone: see (B00) (2 -/2302_ Email:

Date and State of Organization:

Date and State of Incorporation:

Date of Qualification to do business is

E, Zé

LITE Néws Maarsusre

[PTE New Hawrsuee

L918 NEW HAMPSHIRE

Names of Current General Partners/Executive Officers/Joint Partners

Name:

(Indicate managing partner by an asterisk *)

Address for receipt of official communications:

Zz. Br. ttl
Arkisen NH 238i

Each joint ventured must sign. The manner of signing for each individual, partnership and corporation that is a
party to the joint venture should be in the manner indicated above.

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THIS FORM MUST BE SUBMITTED WITHALL RESPONSES TO THIS RFP

Address for receipt of official communications:

NONE

Each joint ventured must sign. The manner of signing for each individual, partnership and corporation that is a
party to the joint venture should be in the manner indicated above.

BF-5o0f7

THIS FORM MUST BE SUBMITTED WITH ALL RESPONSES TO THIS RFP

LIST OF
SUBCONTRACTORS
(to be submitted with proposal)

The name and address of each subcontractor who will be paid at least five percent (5%) of the prime contractor s

total proposal shall be listed below. To be deemed a responsive proposal, this form must be submitted even if no

subcontractors are required to be listed. In that case, the Vendor should state "None" (or similar language stating
that no subcontractors need to be listed) in the space below.

BF -6o0f7

. Deputy Chief James W. Kirk
Nashua Fire Rescue Nashua Fire Rescue

70 East Hollis Street eel a oaaceen a
Nashua, NH 03060
www.nashuafire.com

To: Chief of Department Brian D. Rhodes
From: Deputy Chief James W. Kirk

Date: January 20, 2022

Re: Command Vehicle Replacement

Chief Rhodes,

The City of Nashua, with input from Nashua Fire Rescue, has crafted a Capital Equipment Reserve
Fund (CERF) schedule for the replacement of the organization’s capital equipment. Within this
schedule, Nashua Fire Rescue is currently due to replace a Command Vehicle desi gnated for use by
the Deputy Chief/Shift Commander and housed at the 70 East Hollis Street Fire Station. Attached
you will find pricing for this replacement vehicle and the associated equipment for the vehicle up-fit.
The total carried within the CERF schedule for this replacement is $74,256.

With your approval we will move forward with the purchase of a 2022 Ford F250 Pickup with custom
bed cap and equipment. The total purchase price for the vehicle and up-fit is $74,292.24.

spectfully submitted,

James W. Kirk
Deputy Fire Chief
Nashua Fire Rescue