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Jim Donchess
Mayor e City of Nashua

To: Board of Aldermen

From: Mayor Jim Donchess

Date: May 12, 2021

Re: Multi-Year Contract Award — Recycling: Refrigerant (CFC’s)

Pursuant to NRO: § 5-74/B: A contract that extends from the current fiscal year into succeeding
fiscal year(s) in which no funds have been appropriated nor otherwise designated for this purpose
shall be approved by the full Board of Aldermen before the contract shall become binding on the

City.

The Finance Committee has approved and placed on file the notification of the award of the
referenced contract at the May 19, 2021 meeting and as such | am requesting the full Board of
Alderman approve the following contract:

Item: Refrigerant Recycling

Value: $60,000 ($20,000 per year for 3 years)

Vendor: Ondus Mechanical & Appliance LLC

Purchasing Memo#: 21-130 dated May 12, 2021

Contract Term: July 1,2021 through June 30,2024
Thank you.

229 Main Street * PO Box 2019 * Nashua, New Hampshire 03061-2019
603.589.3260 * fax 603.594.3450 * NashuaMayor@NashuaNH.gov
www. NashuaNH.gov

To:

From:

Re:

A. Motion:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: April 29, 2021

Jeff Lafleur, Superintendent
Solid Waste Department

Refrigerant recovery (CFC’s) contract with Ondus Mechanical and Appliance
LLC.

To approve a three year contract between the City of Nashua and Ondus
Mechanical and Appliance LLC of Merrimack, NH for refrigerant recovery
(CFC’s) services at the Nashua Recycling Center at an annual cost not to exceed
$20,000, pending approval of the FY22 operating budget. The term of this
contract will be from July 1, 2021 through June 30, 2024. Funding will be
through: Department: 168 Solid Waste; Fund: Solid Waste; Account
Classification: 55 Other Contracted Services.

The Solid Waste Department went out to bid for the refrigerant recycling at the
Four Hills Landfill. Interstate Refrigerant Recovery, Inc. and Ondus Mechanical
and Appliance LLC both submitted bids. After reviewing the bids, the Solid
Waste Superintendent and Recycling Coordinator determined that Ondus
Mechanical and Appliance LLC should be awarded the contract. This contract is
for three years renewable annually subject to budget appropriations. The duration
of this contract will be from July 1, 2021 through June 30, 2024

Ondus Mechanical and Appliance LLC has provided the required certificate of
insurance to accomplish this service. They have the lowest price and were the
vendor for this service from FY 2001 thru FY 2015.

The Solid Waste Superintendent and the Recycling Coordinator recommend
awarding Ondus Mechanical and Appliance LLC of Merrimack, NH the contract
for these services.

REFRIGERANT RECYCLING BIDS

Company $/unit
Ondus Mechanical and Appliance LLC $5

Interstate Refrigerant Recovery, Inc. $6

City of Nashua

Division of Public Works

Solid Waste Department

REFRIGERANT RECYCLING PROGRAM

PROPOSALS RECEIVED: RFP 1058 - 030121

Company Amherst Appliance Repair Interstate Refrigerant Recovery, Inc. Northeast Resource Recovery Assn.
CONTACT Stephen P. Ondus Diane Mitchell
TITLE Owner, Member Office Manager
ADDRESS 95 Belmont Drive, Merrimack NH 03054 P.O. Box 517, Foxboro MA 02035 NO BID SUBMITTED
508-543-5482; 866-533-7366; 508-560-
PHONE 603-320-5822 (cell) 5735 (cell)
FAX 508-543-5414
E-MAIL ondusmechanical@gmail.com dfraga@irri.us
PRICE / UNIT $5 $6
Bond Not Included Not Included
EXPERIENCE / QUALIFICATIONS Certificates for Technicians Municipal cont rec 2 train ine certificianict
Technicians;
SERVICE & RECYCLING PLAN No Response Process explained in RFP

Documentation of regulatory
compliance

No Response

No issues mentioned

Technician Certification

Steve Ondus (0017854220796)

Timothy Maloof, owner
(P42DFD6533759B8520)

EPA (Sect 608)

William Palmer (P163E4EF96529C8D1)

Malden Battle (81652799COC1F75D0)

Disposition of evacuated gases

Not indicated

Not indicated

Insurance Certificates

N/A (due after contract award)

C&S Ins. Agency, Mansfield MA

general

CFC RECYCLING
Proposals Summary March 2021

automotive

workers comp

$1M,$1M,$1M

REFERENCES (3)

1 reference: Jeff Lafleur (Nashua)

1. METHUEN MA, DPW Director Patrick
Bower, 978-983-8545

Left message to call 3/9/2021

2. NEWTON MA, Comm Pub Works
James McGonigle, 617-796-1000

Left message to call 3/9/2021

3. SCHNITZER, Manchester NH Tom
DiMaggio, 603-623-0342

Responsive, reliable, leaves area clean; used by
Concord facility also

WORK HISTORY - Nashua (past 5 yrs)

CFC vendor FY 2001 > FY 2015

CFC vendor FY 2016 > FY 2021

EXCEPTIONS

NONE

25 unit = minimum; commercial units @
$25 (refrig) or @ $50 (A/C)

CFC RECYCLING
Proposals Summary March 2021

PETITION/STREET DISCONTINUANCE:

The street discontinuance is being petitioned by: 4 fa) Ame ls7T $7.. LLC
io /

V8 [- § 75 - 3308 Gs SAxow Pant wees Lb

: Telephone Number Petitioner

(iis [17 2s Recreation bank Dave
, ' Date Address

Hi peuanr MA. G2642

The petitioner has submitted a reproducible plan of the proposed street discontinuance showing the
abutting owners, the location of the new proposed property lines, any existing utilities and the new
bounds to be set.

Plan and Petition received Spee eee | / (5 | Lol)
/ Pu +44 ITY CLERK DATE

The foregoing petition ( ) is ( ) is not The foregoing petition ( )is( ) is not
Recommended for approval: recommended for approval:
CITY ENGINEER DATE CHAIRMAN, NASHUA PLANNING BOARD DATE

Petition introduced at Board of Aldermen Meeting

DATE

Public Hearing conducted by the Committee on Infrastructure:

DATE TIME PLACE

In accordance with Chapter 285, Article Ill, Sections 23-25, the foregoing petition was granted,
conditional on the petitioner’s recording the plan in the Hillsborough County Registry of Deeds,
by the Board of Aldermen and Mayor on .

DATE

Attest:

DATE CITY CLERK

REV 08/13

CONTRACT FOR INDEPENDENT CONTRACTOR

REFRIGERANT RECYCLING PROGRAM
RFP1058-030121

A CONTRACT BETWEEN

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

ONDUS MECHANICAL AND APPLIANCE
and its successors, transferees and assignees (together “Independent Contractor”)
NAME AND TITLE OF INDEPENDENT CONTRACTOR

95 BELMONT 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—Cost Proposal Submission dated March 1, 2021

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.

AG 1 of 3

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.

SCOPE OF SERVICES:

To provide a refrigerant (Freon) recovery and recycling program for chlorofluorocarbon (CFC)-
containing appliances received at the Four Hills Landfill Recycling Center. The Vendor shall
provide on-site evacuation, transportation and recycling of the refrigeration gases from all air
conditioners, freezers, dehumidifiers, refrigerators, and other appliances left at the facility. All
components and activities associated with this program shall be in compliance with all applicable
State and Federal regulations.

3. PERIOD OF PERFORMANCE. The term of the contract will be for three (3) years, with first year
commencing on or about_July 1, 2021 and terminating on June 30, 2024. Each year is subject to
annual budget appropriations and at the City of Nashua's sole discretion. A separate/amended purchase
order shall be issued for each year of the contract.

Independent Contractor shall perform and complete all work within the time periods set forth and may
only be altered by the parties by a written agreement to extend the period of performance or by
termination in accordance with the terms of the contract. Independent Contractor 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

Independent Contractor agrees to perform the work for a total cost not to exceed
TWENTY THOUSAND DOLLARS ($20,000.00) annually for each year of the
contract and in accordance with ATTACHMENT B: PROPOSAL COSTS.

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 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

AG 2 of 3

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.

The City of Nashua will pay for work satisfactorily completed and accurately mvoiced 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 cffective until the date of execution
by the City of Nashua.

6 Nomeces. All notices, requests, or approvals required or pemmitted 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:

Jeff Lafleur, Superintendent
City of Nashua -Division of Public Works
Solid Waste Department
840 West Hollis Street
Nashua, NH 03062

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 partics hereto have caused this contract to be signed and intend to be Iegally

bound thereby.

City of Nashua, NH (signature) (signature)

S leplen ONO = oWnee

James W Donchess, Mayor
(Printed Name and Title) (Printed Name and Title)
SEL
Date Date

AG 3 of 3°

Sa nM FY N

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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
Ciry 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

GC 1 of 12

1.

General Terms and Conditions

DEFINITIONS Unless otherwise required by the context, "Independent Contractor’, and its
successors, transferees and assignees (together “Independent Contractor”) includes any of
the Independent Contractor's consultants, sub consultants, contractors, and subcontractors

INDEPENDENT CONTRACTOR STATUS The parties agree that Independent Contractor shall
have the status of and shall perform all work under this contract as an Independent
Contractor, maintaining control over all its consultants, sub consultants, contractors, or
subcontractors. The only contractual relationship created by this contract is between the
City of Nashua and Independent Contractor, and nothing in this contract shall create any
contractual relationship between the City of Nashua and Independent Contractor's
consultants, sub consultants, contractors, or subcontractors. The parties also agree that
Independent Contractor is not a City of Nashua employee and that there shall be no:

(1) Withholding of income taxes by the City of Nashua:

(2) Industrial insurance coverage provided by the City of Nashua;

(3) Participation in group insurance plans which may be available to employees
of the City of Nashua;

(4) Participation or contributions by either the Independent Contractor or the
City of Nashua to the public employee’s retirement system;

(5) Accumulation of vacation leave or sick leave provided by the City of
Nashua;

(6) Unemployment compensation coverage provided by the City of Nashua.

STANDARD OF CARE Independent Contractor shall be responsible for the professional
quality, technical accuracy, timely completion, and coordination of all work performed
under this contract. Independent Contractor warrants that all work shall be performed with
the degree of professional skill, care, diligence, and sound practices and judgment that are
normally exercised by recognized professional firms with respect to services of a similar
nature. It shall be the duty of Independent Contractor to assure at its own expense that all
work is technically sound and in conformance with all applicable federal, state, and local
laws, statutes, regulations, ordinances, orders, or other requirements. In addition to all
other rights which the City of Nashua may have, Independent Contractor shall, at its own
expense and without additional compensation, re-perform work to correct or revise any
deficiencies, omissions, or errors in the work or the product of the work or which result
from Independent Contractor's failure to perform in accordance with this standard of care.
Any approval by the City of Nashua of any products or services furnished or used by
Independent Contractor shall not in any way relieve Independent Contractor of the
responsibility for professional and technical accuracy and adequacy of its work. City of
Nashua review, approval, or acceptance of, or payment for any of Independent Contractor's
work under this contract shall not operate as a waiver of any of the City of Nashua's rights
or causes of action under this contract, and Independent Contractor shall be and remain
liable in accordance with the terms of the contract and applicable law.

Independent Contractor shall furnish competent and skilled personnel to perform the work
under this contract. The City of Nashua reserves the right to approve key personnel
assigned by Independent Contractor to perform work under this contract. Approved key
personnel shall not be taken off of the project by Independent Contractor without the prior

GC 2 of 12