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. THE CITY OF NASHUA “the Cate City"

Financial Services

Purchasing Department

August 13, 2019
Memo #20-032

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: NPD (VALUE: $24,692)
DEPARTMENT: 150 POLICE; FUND: FY20 ESCROW

Please see attached communications from Karen A. Smith, Business Manager dated September 13,
2019 for the information related to this purchase.

The Nashua Police Department and the Purchasing Department recommend the award of this contract in
the amount of $24,692 to Stanley Elevator of Merrimack, NH.

Respectfully,

an Kooken fo

Purchasing Manager

Cc: K Smith M Carignan

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

NASHUA POLICE
Date: 13 September 2019

Intradepartmental Communication

To: Dan Kooken, Purchasing Manager

From: Karen Smith, NPD Business Manager

Subject: NPD Elevator

The Nashua Police Department has an elevator that is original to the building and is about 40 years old.
A quote in the amount of $24,692 was received from Stanley Elevator to remove and replace the
hydraulic power unit and oil line piping due to repairs needed to the leaking valve, The Nashua Police
Department recommends the contract to Stanley Elevator and funding has been approved in the FY2020

escrows for this purpose.
Sincerely,

ftv-/ fA

Karen Smith
Business Manager

P.O. Box 843 y Office: 603.842.6918
Nashua, NH 03061 Elavaior Company, Inc. Toll Free: 800.258.1016
wen stanteyelevator.com Fax: 603.882.0818

June 14, 2019

Nashua Police Deparirnent Proposal Ne.. 8029
28 Officer James Roche Drive AccountNo.: 136
Nashua, NH 03062 Siaie No.: NHE-1426

Attention: Gerry Pilon

Re: Nashua Police Department - Power Unit Work

Stanley Elevator Company, Inc. offers you our proposal to complete the following work for the sum of
Twenty-Four Thousand Six Hundred Ninety-Two and 00/100 Dollars (§ 24,692.00).

Description of Work: Replacement of the Hydraulic Power Unit
Stanley Elevator will furnish the necessary labor and materials required to perform the following:

1. Remove your existing power unit,

2. Furnish and install a new submersible type power unit sized for the speed and capacity of the
elevator. This power unit will be a self-contained unit, compiete with submerged oil-hydraulic pump,
electric motor and integral type oil control valve.

3. Furnish and install new oil line piping in the machine room.

4. Replace the hydraulic cil.

§. Adjust the new oil control valve and power unit for proper operation.

www. stanleyelevaltor.com PHONE: (800) 258-7076 FAM: (603) 682-0878

Beey
mie

Ref

osal # 8020
id: R-18026 - 6/14/2019 Page 7 of 3

aS

@ FUSS & O’NEILL

Canal Street Bridge Repairs Change Order 2 Summary

New England Infrastructure

ITEM # ITEM NAME UNIT QUANTITY UNIT COST TOTAL COST
512.02 _|PREPARATION FOR CONCRETE REPAIRS, CLASS Il SY 12 $ 1,000.00 | $ _ 12,000.00
520.01 _|CONCRETE CLASS AA CY 2 $ 6,000.00 | $ 12,000.00
1002.1 |REPAIRS OR REPLACEMENTS AS NEEDED - BRIDGE STRUCTURES $ N.A.B.I. $ 10,000.00} $ 10,000.00
$ 34,000.00

SEAN

Elevator Company,

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La

The price of this work as detailed herein shall be payable net thirty (30) days; upan presentation of invoice.

All work is based on normal working hours of the elevator trade and no overtime hours are considered.

No other work except as itemized above is intended or implied. A returned copy of this proposal and/or your purchase order
properly signed and dated will be our authorization to order appropriate materials.

We need the following information to properly notify you of our anticipated work schedule.

Contact Name
E-mail

Telephone

* * * Blegse direct any questions or areas of concern to the undersigned * * *

This proposal and acceptance when signed by the Customer and approved by an authorized representative of the
Company, including the terns and conditions set forth in detail on the last page hereof, which terms and conditions are
incomarated herein and expressly made a part hereof, constitutes the entire agreement belween the parties. There are no
representations or agreements, written or verbal between the parties other than those contained herein. This Agreement
is not binding upon Stanley Elevator Company, inc. until approved by one of its authorized representatives.

Stanley Elevator Company, Inc

Customers Company/Organization Name

; Wliicd # Jone

BY: B
Authorized Customer Signature Michael Suge
New Sales
msugrue@sianleyelevator.com
APPROVED for Stanley Elevator Company, Inc.:
BY BY
Printed Name Title
Date
Date
ww. stanieyelevator.com PHONE: (800) 258-1076 FAX: (603) 682-8878

Proposal # 8028
1

f
Ref id: R-15026 - 6/14/2019

Page 2 af 3

stanley

Elyeatos Canrngeery, fee.

TERMS AND CONDITIONS
Tax Payments
In addition to the amount get forth herein, the Customer agrees to pay any tax based upon the transfer, use, ownership or possession of the
Elevator or accessory equipment, whether such tax is imposed by existing law or take effect during ihe terms of this proposal and acceptance

Company Performance And Overtime

‘The Company will do all work on the Elevator in a good and warkmantike manner and will perform it during its regular working hours of reguiar
working days unless athenwise agreed to in writing; In the absence of such an agreement, all work done at overtime at the Custamer’s request shall
be billed to the Customer at the overtime rate then and there existing.

Exclusive Control
Tha Company shall not be responsible for any damage, malfunction, or failure of any of the component parts of the Elevator or accessory equipment
as a result of the repair work done under this agreement unless such parts or service shall have been supplled exclusively by the Company.

Safe Place
itis understecd that the workman of the Company shall be given a safe place in which to work. The Company reserves the right te discontinue all
work in the building whenever, in its opinion, this provision is violated.

Title to Repair Part

The machinery, implements and apparatus fumished under this proposal and acceplance shall remain personal property, and the Company shall
retain title thereto until final payment Is made. The Company further retains the right fo retake possession of the same or any part thereof at the
cost of the customer if default is made in any of the paymenis, without regard to the manner of atlachment to the realty, the acceptance of notes or
the sale, morigage or lease of the premises, it shail be the duty of the Customer to inform any party in interest of ihis provision.

Payments

Payments shall be made as follows: net cash within 30 days on completion if the work is completed within a thirty-day period. Mf the work is not
completed within a thirty-day ninety-five percent of the value of the materials delivered to the job site plus the labor performed, either at the
Company proper or at the building, as invoiced; the remaining five percent becomes due when the work is completed. The Company reserves the
Tight to discontinue work under this proposal and acceplance at any time until payments have been made a8 agreed and the Company has
assurance salisfactory to it that the subsequent payments vill be made as they fall due.

Saivage
All salvage material becomes the property of the Company on its removal from its existing placa.

Accident Reaponsibllity

The Company assumes no liability for injuries or damage to persons or property except thase caused by its negligent acis or omissions. This
proposal and acceptance shall not serve to relieve the Customer of his or Its llabitity for any injuries or damages to persons or property in, on or
about the Elevator, The Company shall not be liable for any toss, damage, or delay caused by strikes, lockouts, fire, explosion, thefi, floods, rict,
civil commation, war, malicious mischief, act of Gad, or by any cause beyond its reasonable control, and in any event shall not be liable for
consequential damages.

Acceptance
This proposal is submitted for acceptance within thirty days from date noted on page 1 and thereafter subject to change without notice.

Recovery

In the event Stanley retains a third party to enforce, construe or defend any of the terms and conditions of this Agreement or to collect monies due
hereunder, either with or without litigation, the Cusiomer agrees to pay all collection costs and/or attomey’s fees incurred by Stanley Elevator
Company, Inc.

www. stanieyelevator.com PHONE: (860) 258-7076 FAM: (G03) 862-8878

Page 3 of 3
Pronosal # 8029

Pe

Ref id: R-18026 - 6/14/2019

CONTRACT FOR INDEPENDENT CONTRACTOR

TITLE

A CONTRACT BETWEEN

THE CITY OF NASHUA, 229 MAIN STREET, CITY HALL, NASHUA, NH 03060
AND

STANLEY ELEVATOR

NAME AND TITLE OF INDEPENDENT CONTRACTOR

9 HENRY CLAY DRIVE, MERRIMACK, NH

ADDRESS OF INDEPENDENT CONTRACTOR

WHEREAS, the City of Nashua, a political subdivision of the State of New Hampshire, from time
to time requires the services of an Independent Contractor ; and

WHEREAS, it is deemed that the services of an Independent Contractor herein specified are both
necessary and desirable and in the best interests of the City of Nashua; and

WHEREAS, Independent Contractor represents they are duly qualified, equipped, staffed, ready,
willing and able to perform and render the services hereinafter described;

Now, THEREFORE, in consideration of the agreements herein made, the parties mutually agree as
follows:

1. DOCUMENTS INCORPORATED. The following exhibits are by this reference incorporated herein and
are made part of this contract:

Exhibit A--General Conditions for Contracts
Exhibit B--Scope of Services, Contract Time, Fee Schedule

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.

In the event of a conflict between the terms of the Proposal and the terms of this Agreement, a written
change order and/or fully executed City of Nashua Purchase Order, the terms of this Agreement, the
written change order or the fully executed City of Nashua Purchase Order shall control over the terms of
the Proposal.

2. WORK TO BE PERFORMED Except as otherwise provided in this contract, Independent Contractor
shall furnish all services, equipment, and materials and shall perform all operations necessary and
required to carry out and perform in accordance with the terms and conditions of the contract the work
described.

AG 1 of 3

3. PERIOD OF PERFORMANCE. Independent Contractor shall perform and complete all work by 16 weeks
after Notice to Proceed which date shall only be altered by mutually approved written agreement to extend
the period of performance or by termination in accordance with the terms of the contract. Professional
Engineer shall begin performance upon receipt of an Executed Contract and a valid Purchase Order issued
from the City of Nashua.

4. COMPENSATION. Independent Contractor agrees to perform the work for a total cost not to exceed
Twenty four thousand six hundred and ninety two Dollars ($24,692)

The Contract Sum shall include all items and services necessary for the proper execution and completion
of the Work.

Unless Independent Contractor has received a written exemption from the City of Nashua, Independent
Contractor shall submit an itemized Application for Payment for operations completed in accordance with
the values stated in the Agreement. Such applications shall be supported by such data substantiating the
Independent Contractor’s right to payment as the City of Nashua may reasonably require. Independent
Contractor shall submit monthly requests for payment for services performed under this agreement
directly to:

> Electronically via email to VendorAPInvoices@NashuaNH.gov
OR
> Paper Copies via US Mail to:
City of Nashua, City Hall
Accounts Payable
229 Main Street
Nashua, NH 03060
Please_do not submit invoices both electronically and paper copy.

In addition, and to facilitate the proper and timely payment of applications, the City of Nashua requires
that all submitted invoices contain a valid PURCHASE ORDER NUMBER.

Applications for Payment shall be submitted no later than fifteen (15) days after the end of each month.
The City of Nashua will pay for work satisfactorily completed and accurately invoiced by Independent
Contractor within thirty (30) days from the time of approval by the City of Nashua.

5, EFFECTIVE DATE OF CONTRACT. This contract shall not become effective upon the date of execution
by the City of Nashua.

6. NOTICES. All notices, requests, or approvals required or permitted to be given under this contract

shall be in writing, shall be sent by hand delivery, overnight carrier, or by United States mail, postage
prepaid, and registered or certified, and shall be addressed to:

AG 2 of 3

CITY OF NASHUA REPRESENTATIVE: REPRESENTATIVE:

Gerald Pilon
28 Officer James Roche Drive
Nashua, NH

Any notice required or permitted under this contract, if sent by United States mail, shall be deemed to be
given to and received by the addressee thereof on the third business day after being deposited in the mail.
The City of Nashua or Independent Contractor may change the address or representative by giving written
notice to the other party.

IN WITNESS WHEREOF, the parties hereto have caused this contract to be signed and intend to be legally
bound thereby.

City of Nashua, NH (signature) (signature)

James Donchess, Mayor
(Printed Name and Title) (Printed Name and Title)

Date Date

AG 3 of 3

A AY PWN

oe

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EXHIBIT A
TABLE OF CONTENTS
GENERAL CONDITIONS

DEFINITIONS

INDEPENDENT CONTRACTOR STATUS
STANDARD OF CARE

CITY OF NASHUA REPRESENTATIVE
CHANGES TO SCOPE OF WORK

CITY OF NASHUA COOPERATION

DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR
DISCREPANCIES

TERMINATION OF CONTRACT

DISPUTE RESOLUTION.

NO DAMAGES FOR DELAY

INSURANCE

INDEMNIFICATION

FISCAL CONTINGENCY

COMPENSATION

COMPLIANCE WITH APPLICABLE LAWS
NONDISCRIMINATION

ENDORSEMENT

ASSIGNMENTS, TRANSFER, DELEGATION, OR SUBCONTRACTING
CITY INSPECTION OF CONTRACT MATERIALS
DISPOSITION OF CONTRACT MATERIALS

PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS
FINAL ACCEPTANCE

TAXES

NON-WAIVER OF TERMS AND CONDITIONS

RIGHTS AND REMEDIES

PROHIBITED INTERESTS

THIRD PARTY INTERESTS AND LIABILITIES
SURVIVAL OF RIGHTS AND OBLIGATIONS
SEVERABILITY

MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT

CHOICE OF LAW AND VENUE

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