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27.

28.

29.

30.

31.

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.

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

ATTACHMENT B
PROPOSAL COSTS

INSTRUCTIONS FOR “PROPOSA, COSTS” SUBMITTALS:

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®
ACORD CERTIFICATE OF LIABILITY INSURANCE parE cnunornn)

5/11/2021

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).

PRODUCER CONTACT Kathleen Miller, CISR, CPIW
Insurance Solutions Corporation PHONE Ext): (603) 382-4600 fave, No): (603) 382-2034
60 Westville Rd EMAL es: kmiller@isc-insurance.com
INSURER(S) AFFORDING COVERAGE NAIC #
Plaistow NH 03865 INSURERA: Merchants 23329
INSURED INSURER B:
Ondus Mechanical and INSURER C:
Appliance LLC INSURER D:
95 Belmont Drive INSURER E:
Merrimack NH 03054-2651 INSURER F:
COVERAGES CERTIFICATE NUMBER: CL20101948559 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR ADDL|SUBR POLICY EFF POLICY EXP

LTR TYPE OF INSURANCE INSD | WvD POLICY NUMBER (MM/DD/YYYY)_| (MM/DD/YYYY) LIMITS
X | COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
DAMAGE TO RENTED 500,000
A CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ :
BOPIO66411 6/4/2020 6/4/2021 MED EXP (Any one person) $ 15,000
PERSONAL & ADV INJURY $
GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000
X | poticy [| FRO: [| Loc PRODUCTS - COMP/OPAGG__| $ 2,000,000
OTHER: Employment Practices Liability Insu | $ 100,000
COMBINED SINGLE LIMIT
AUTOMOBILE LIABILITY (Ea accident) $
ANY AUTO BODILY INJURY (Per person) $
ALL OWNED SCHEDULED |
‘AUTOS ‘AUTOS BODILY INJURY (Per accident) | $
NON-OWNED PROPERTY DAMAGE $
HIRED AUTOS AUTOS (Per accident)
$
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DED RETENTION $ $
WORKERS COMPENSATION The WC policy does not provide PER OTH-
AND EMPLOYERS’ LIABILITY YIN STATUTE | ER
ANY PROPRIETOR/PARTNER/EXECUTIVE coverage for Stephen Ondus E.L. EACH ACCIDENT $ 100,000
OFFICER/MEMBER EXCLUDED? NIA
A |(Mandatory in NH) WCA9099108 10/2/2020 10/2/2021 | EL. DISEASE -EAEMPLOYEE | $ 100,000
If yes, describe under
DESCRIPTION OF OPERATIONS below 3A State: NH E.L. DISEASE - POLICY LIMIT _| $ 500,000

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
The City of Nasua is an addtional insured, with regard to the general liability, when required by written
contract.

CERTIFICATE HOLDER CANCELLATION

(603) 589-3344
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Nashua THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN

: ACCORDANCE WITH THE POLICY PROVISIONS.
229 Main Street

Nashua, NH 03060

AUTHORIZED REPRESENTATIVE

Keith Maglia/KRM kar Me
© 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD

INS0285 (201401)

DATE (MM/DDIVYYY}

——~™S ®
ACORD VEHICLE OR EQUIPMENT CERTIFICATE OF INSURANCE [| peisiooo1

THIS CERTIFICATE iS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

This form is used to report coverages provided to a single specific vehicle or equipment. Do not use this form to report liability coverage
provided to multiple vehicles under a single policy. Use ACORD 25 for that purpose.

PRODUCER NAMES’ _Dan Bantham
StateFarm Dan Bantham LUTCF, Agent (AG. No, Ext; 603-429-2008 | GAS, Noy: 603-429-1524
Gop, 289 0WHWy GOiatss. _ dan@danbantham.com
° PRODUCER
CUSTOMER ID #:
Merrimack NH 03054 INSURER(S} AFFORDING COVERAGE NAIC #
INSURED INSURER A; State Farm Mutual Automobile Insurance Company 25178
Stephen Ondus INSURER B:
95 Betmont Dr. INSURER GC:
INSURER D :
Merrimack NH 03054 INSURER E :
DESCRIPTION OF VEHICLE OR EQUIPMENT
YEAR MAKE / MANUFACTURER MODEL BODY TYPE VEHICLE IDENTIFICATION NUMBER
2017 Chevrolet K2500 Pickup 1GC1KXEY6HF242984
DESCRIPTION VEHICLE/EQUIPMENT VALUE , SERIAL NUMBER
$
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

THIS tS FO CERTIFY THAT THE POLICY(IES) OF INSURANCE LISTED BELOW HAS/HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY
PERIOD{S) INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO
WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICY(IES) DESCRIBED HEREIN IS/ARE SUBJECT TO
ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICY(IES).

INSR] ADDL. POLICY EFFECTIVE | POLICY EXPIRATION
LTR |INSRD TYPE OF INSURANCE POLICY NUMBER DATE (MM/DDIYYYY) | DATE (MM/DDIVYYY} LIMITS
x VEHICLE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
BODILY INJURY (Per person) | $
ALY 064 6949-F05-29 12/05/2020 12/05/2021
BODILY INJURY (Par accident) | $
PROPERTY DAMAGE $
GENERAL LIABILITY EACH OCCURENCE $
OCCURRENCE GENERAL AGGREGATE $
CLAIMS MADE $
INSR| Loss POLICY EFFECTIVE | POLICY EXPIRATION
LTR |PAYEE TYPE OF INSURANCE POLICY NUMBER DATE (MMIDD/YYYY) | DATE {MM/DDIVYYY) LIMITS / DEDUCTIBLE
VEH COLLISION LOSS ACV AGREED AMT | $ LIMIT
A LX 064 6949-F05-29 42/05/2020 12/05/2021 @ =
C1 STATED AMT | $ 500 DED
VEH COMP VEH OTC ACV AGREED AMT | $ LIMIT
A LX LJ 064 6949-F05-29 12/08/2020 12/05/2021 & O
| [J STATED AMT | $ 100 DED
EQUIPMENT (|) acy [[] AGREED AMT $ unr
BASIC BROAD fC) rc [Fj STATED AMT $ DED
SPECIAL oO
REMARKS (INCLUDING SPECIAL CONDITIONS / OTHER COVERAGES) (Attach ACORD 101, Additional Remarks Schedule, If more space is required)
*** includes all owned, non-owned, and hired autos ***
ADDITIONAL INTEREST CANCELLATION
Select one of the following: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
The additional interest described below has been added te the policy(ies) listed herein by policy number(s). BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE
x A request has been submitted to add the additional interest described below to the policy(ies) DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
listed herein licy number(s). 5 4
VEHICLE / EQUIPMENT INTEREST: i LEASED { i FINANCED DESCRIPTION OF THE ADDITIONAL INTEREST
NAME AND ADDRESS OF ADDITIONAL INTEREST oe SX } ADDITIONAL INSURED LOSS PAYEE
City of Nashua, NH LENDER'S LOSS PAYEE

229 Main St LOANS eyes n

Nashua NH 03060 “PY EPRESE| “AL br
| ‘Mb f

1997-2015 ACORDLORPORATION. All rights reserved.
ered’marks of ACORD

ACORD 23 (2016/03) The ACORD name and logo are regi
1004361 142987.4 04-24-2020

City of Nashua

Purchasing Department

Administrative Services Division

229 Main Street - Nashua, NH 03060

(603) 589-3330
Fax (603) 594-3233

May 13, 2021
Memo #21-128

TO: Mayor Donchess
Finance Committee

SUBJECT: Recycling Revenue: Scrap Metal

Please see attached communications from Jeff Lafleur, Superintendent of Solid Waste, dated April 29, 2021
for project specific details related to this purchase. Below please find a summary of the purchase approval

request:
Item:
Value:
Vendor:
Department:

Source Fund:

Ordinance:

Revenue from the recycling of scrap metal from the Four Hills Landfill subject to

annual budget approvals

$30,078 total contract projected revenue: $10,026 per year based on January

2020 actual tonnage
Windfield Alloy
168 Solid Waste

44289 Sale of Recyclables

Pursuant to § 5-78 Major purchases (greater than $10,000) A. All supplies and
contractual services, except as otherwise provided herein, when the estimated
cost thereof shall exceed $10,000 shall be purchased by formal, written contract

from the lowest responsible bidder, after due notice inviting bids.

A competitive bidding RFP for this project was issued on 2/11/2021 and the following bids were received:

Vendor Location Amount Note
Excel Recycling LLC Freetown MA ($9,317.10)
Windfield Alloy Atkinson NH ($10,026.00)

We recommend this bid to be awarded to the highest total revenue vendor who met the RFP specified

requirements.

The Board of Public Works (4/29/21 BPW Meeting), The Division of Public Works: Solid Waste , and the

Purchasing Department respectfully request your approval of this contract.

Regards,
Kelly Parkinson

Purchasing Manager

Ce: C O'Connor
J Lafleur

Jim Donchess
Mayor e City of Nashua

To: Board of Aldermen

From: Mayor Jim Donchess

Date: May 13, 2021

Re: Multi-Year Contract Award — Recycling: Scrap Metal

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: Revenue from the recycling of scrap metal from the Four Hills Landfill
subject to annual budget approvals

Value: ($30,078) estimated 3-year revenue based on January 2020
actual tonnage shipped ($10,026 per year)

Vendor: Windfield Alloy

Purchasing Memo#: 21-128 dated May 13, 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

A special meeting of the Board of Aldermen was held Monday, November 20, 2017, at 7:10 p.m. in the
City Hall Auditorium.

President Brian S. McCarthy presided; City Clerk Patricia D. Piecuch recorded.

Prayer was offered by City Clerk Patricia D. Piecuch; Alderman Tom Lopez led in the Pledge
to the Flag.

The roll call was taken with 8 members of the Board of Aldermen present; Alderman Clemons, Alderman
Cookson, Alderman Caron, Alderman Siegel, Alderman Schoneman, Alderman McGuinness, Alderman Moriarty
were recorded absent.

Corporation Counsel Steven A. Bolton was also in attendance.

Members of the Nashua Delegation in attendance: Representatives Martin Jack, Suzanne Harvey, Jan Schmidt,
Sue Newman, Patricia Klee, Mariellen MacKay, Allison Nutting and Senator Bette Lasky

COMMUNICATIONS

MOTION BY ALDERMAN WILSHIRE THAT ALL COMMUNICATIONS BE READ BY TITLE ONLY
MOTION CARRIED

From: Brian S. McCarthy, President, Board of Aldermen
Re: Special Board of Aldermen Meeting

MOTION BY ALDERMAN WILSHIRE TO ACCEPT AND PLACE ON FILE
MOTION CARRIED

DISCUSSION WITH NASHUA DISCUSSION MEMBERS

President McCarthy

This evening, the sole item on the agenda is a discussion with the Nashua Delegation. | want to keep it fairly
free-form. It might be a good idea if we just go around and everybody introduce themselves. If you’re a State
Rep or a Senator and you're involved with specific legislative things that we might be interested in, tell us about

those. If you’re an Alderman or an Alderman-Elect, talk about what things you might want to talk about and we'll
see where the discussion goes from there.

Alderman Lopez

My specific priorities of alderman are infrastructure, road repaving, sidewalk repair, public transportation, and
then we also have a continuing meeting for low income housing or fixed-income housing, particularly for the
elderly here in Nashua.

Representative Allison Nutting, Ward 7

I’m Representative Allison Nutting from Ward 7.

Representative Mariellen MacKay, Ward 7

I’m from Ward 7. | filed legislation this year to repeal 155-D, with the assistance of the Nashua building inspector
and with the BCRB (Building Code Review Board). The reason | filed it is because it’s a moot point. New
Hampshire started that legislation before we all adopted the International Energy Conservation Codes. Because
of that reason, we filed it.

To:

From:

Re:

C. Motion:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: April 29, 2021

Jeff Lafleur, Superintendent
Solid Waste Department

Scrap metal recycling contract with Windfield Alloy Inc. of Atkinson, NH

To approve a three year contract between the City of Nashua and Windfield Alloy
Inc. of Atkinson, NH for the recycling of scrap metal at the Four Hills Landfill.
The term of this contract will be from July 1, 2021 through June 30, 2024,
pending approval of the FY22 operating budget. Revenue generated through this
contract will be directed to: Department: 168 Solid Waste; Fund: Solid Waste;
Account Classification: 44 Charges for Services.

The Solid Waste Department went out to bid for vendors for a three year contract
to recycle scrap metal from the Four Hills Landfill, subject to annual budget
approvals. The term of this contract will be from July 1, 2021 through June 30,
2024. The bid requirements were for each vendor to give a bid for the price they
would offer to pay the City of Nashua for the scrap metal.

The Solid Waste Department received two proposals for the RFP. Windfield
Alloy of Atkinson, NH and Excel Recycling LLC, Freetown, MA were the
companies which responded with proposals.

Both of them use the American Metals Market for a revenue index, but with
different formulae.

The Solid Waste Superintendent and the Recycling Coordinator recommend
awarding Windfield Alloy of Atkinson the contract for services.

These revenue-sharing bottom-line numbers are based on actual January 2020
tonnage shipped from the Four Hills Landfill/Nashua Recycling Center and are
based on each company’s proposed formula and costs.

Quote using January 2020 Actual Tonnage Shipped

Excel Recycling, LLC $9,317.10

Windfield Alloy $10,026.00

A | B | C
1 FY 2022 RFP - SCRAP METAL - 2 yr contract
5 RFP 1058-030421 - Proposals
3 Excel Recycling, LLC Windfield Alloy Inc.
4 OWNER Marty & Jonathan Costa Eric Tetler, owner/CEO
5 CONTACT Vincent Murphy Mark Shikles
6 TITLE Commercial Buyer General Manager
7 ADDRESS 17 Ridge Hill Road 2 Route 111
8 Freetown MA 02702 Atkinson NH 03811
9 Jarrod Billingsley for Proposal
10 PHONE 617-851-0399 (cell); 508-636-2780 800-626-1230
11 Established 1978
mark@winfieldalloy.com:

- vmurphy@excelrecycle.com jarrod@winfieldalloy.com
2 E-MAIL
13 WEBSITE www.excelrecycle.com www.winfieldalloy.com
14 HAULER self self
15 |Market(s) "national & international” “national & international”
16 {CHARGES
17 Per Ton $15.00
18 Per Load $0.00 $145.00

COMMENTS Revised formula -
19 Poe
REVENUE SHARING | Amer. Metal Market - Boston,#2Z bundles price - | Amer. Metal Market - Baston,#2 bundles price -
formula $35 / gt $15 / gt; $145/load freight charge

20
21 January 2020 ($165-35) x 71.67 gt (($165-$15) x 71.67 gt)-$145 /load

A B Cc

1 FY 2022 RFP - SCRAP METAL - 3 yr contract

7 RFP 1058-030421 - Proposals

i Excel Recycling, LLC Windfield Alloy Inc.

80,.27short tons; 71.67 gross |. ees fy tit
(long) tons; 5 loads; #2 bundle $9,317.10 | ., $10,026.00
22 1/2020 = $165 i
23 Loading Process They must be loaded Live load or drop-off containers
24 |REFERENCES Hingham MA Transfer Station Town of Derry NH
25 Randy Sylvester, DPW Superintendent Joan Coreatta, Faciltiy Manager
26 781-741-1430 603-234-6437
6-7 yrs, no contract; no issues with EXCEL; very an :
responsive, drop & swap>new containers; 1-2 left message 3/10/021 .
a7 rolloffs / wk rte .
28 City of New Bedford MA Town of Pelham NH
29 Richard-Correia, DPW-Sup. = retired; Rhonda Martin, Facility Manager
30 508-979-1550 603-809-7266
~2 yVs; no contract; very responsive; reasonble
John-someone wcb pricing; good deal on propane tanks. Would continue
31 with Winfield.
32 Kingston MA Town of Salem NH
33 Paul Basler, Superintendent of Highways Matt Waldron/Dave Cantor, Facility Mgrs.
34 781-585-0513 603-890-2164
i Dave Cantor: Winfield is a subcontractor of Transfer
: t! Station Operator (10 yrs=Waste Mgmt, ~5
Lynn FB web yrs=Casella). Usually responsive; he would

35 recommend Winfield.
36
37

38