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- weapons in trade for credit against everything that we sell. We're here when you need us.

As always,
Tom

Thomas J. Morris It

Eagle Point Gun/T.J.Morris & Son
1707 Third Street

Thorofare, New Jersey 08086

PH 856-848-6945

FX 856-384-2938

EM majortjmorrisiti@comcast.net

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On 6/8/2021 1:16 PM, Ejliott, David wrote:

Sir, per NH contract 8002360 can | please get a quote for the following items. Please include any
associated shipping cost.

BCSNT3: 9mm 100 grain no lead frangible RHT Federal Ballisticlean, 1000rd case: Quantity 100
54266: 9mm 147gr Gold Dot fl Hollow Point CCI/Speer, 1000 rd case: Quantity 12

AE223N: .223 cal 62 gr Federal American Eagle FMJ, 500 rd case: Quantity 90

LE22373: .223 cal 62 gr Federal Tactical Bonded, 200 rd case: Quantity 37

BC223NTSA: .223 cal 55 gr No Lead Frangible Federal, S00 rd case: Quantity 20
XMBC13200LS: 12 ga 8 pellet Frangible 00 Buck Federal Ballisticlean, 250 rd case: Quantity 18

nw Bw hm

Thank you and | hope all is well, Dave

David Elliott

Master Patrolman

Nashua Police Department
Firearms Training Unit
603-589-3882

City of Nashua

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

July 28, 2021
Memo #22-153

TO: Mayor Donchess
Finance Committee

SUBJECT: 22 Month Contract to Install and Monitor 4 Flow Meters within the Wastewater
Collection System in the amount not to exceed $61,200 funded from accounts 53107
Architect & Engineering Services

Please see attached communications from David Boucher, Superintendent of the Wastewater Department,
dated July 22, 2021 for project specific details related to this purchase. Below please find a summary of
the purchase approval request:

Item: Installation of 4 flow meters on interceptors within the Wastewater collection
system

Value: Year 1 (12 months) total of $35,200, Year 2 (10 months) total of $26,000 for a
contract total of $61,200

Vendor: Flow Assessment of Auburn NH

Department: 169 Wastewater
Source Fund: 53107 Architect & Engineering Services

Ordinance: Pursuant to § 5-84 Special purchase procedures. A/ (5) Purchases from a sole
manufacturer, where it is determined to be more efficient and economical to
reduce costs of maintenance of additional repair parts, supplies or services.

The Board of Public Works (7/22/21 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

Jim Donchess
Mayor e City of Nashua

To: Board of Aldermen

From: Mayor Jim Donchess

Date: July 28, 2021

Re: Multi-Year Contract Award — 2 Year for Interceptor Flow Monitoring

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 August 4, 2021 meeting and as such | am requesting the full Board of
Alderman approve the following contract:

Item: Installation of and 22 months contract to monitor 4 flow meters on
interceptors within the Wastewater collection system
Value: $61,200
Vendor: Flow Assessment of Auburn NH
Purchasing Memo#: 22-153 dated July 27, 2021
Contract Term: 2 Years
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:

B. Motion:

Attachments:

Discussion:

City of Nashua, Public Works Division
Board of Public Works Meeting Date: July 22, 2021

David Boucher, Superintendent
Wastewater Department

Interceptor Flow Monitoring

To approve the two year contract to install and monitor four flow meters within the
collection system to Flow Assessment of Auburn, NH in the amount of $61,200. Funding
will be through: Department: 169 Wastewater; Fund: Wastewater; Account
Classification: 53 — Professional Services.

Flow Assessment Cost Proposal

The collection system in the City of Nashua is large and in an effort to gain a better
understanding on how the flow moves through the City, the Wastewater Department
would like to have four flow meters installed on the interceptors. These flow meters
would be monitored and reports would be issued, similar to the current CSO flow
monitoring contract, which Flow Assessment also manages.

We have had good luck working with Flow Assessment, who worked with us for many
years prior to 2015 and again since 2018, both on CSO flow monitoring as well as other
smaller projects. We would like to maintain continuity of service by utilizing them for
this additional monitoring, and recommend that they be awarded the contract for service
until June 30, 2023.

CONTRACT FOR INDEPENDENT CONTRACTOR

INTERCEPTOR - FLOW MONITORING
A CONTRACT BETWEEN

THE Cry OF NASHUA, 229 MAIN STREET, Crt¥ HALL, NASHUA, NH 03060
AND

FLOW ASSESSMENT SERVICES, LLC
and its successors, transferees and assignees (together “Independent Contractor”)

NAME AND TITLE OF INDEPENDENT CONTRACTOR

72 PRISCILLA LANE, AUBURN NH 03032

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; and
Exhibit B-- Flow Assessment Services Proposal dated July 12, 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

UNFINISHED BUSINESS — RESOLUTIONS
UNFINISHED BUSINESS — ORDINANCES

O-17-042
Endorser: Alderman Tom Lopez
AUTHORIZING STOP SIGNS ON NORTH SEVENTH STREET AT ITS INTERSECTION WITH

GRAND AVENUE
e Committee on Infrastructure Recommends: Indefinite Postponement

O-17-043
Endorser: Alderman Tom Lopez
RESCINDING THE AUTHORIZATION FOR PARKING METERS ON THE NORTH SIDE OF EAST

PEARL STREET BETWEEN QUINCY STREET AND HOLMES STREET
e Committee on Infrastructure Recommends: Indefinite Postponement

NEW BUSINESS — RESOLUTIONS

NEW BUSINESS — ORDINANCES

PERIOD FOR GENERAL PUBLIC COMMENT

REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN
Committee announcements:

ADJOURNMENT

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.

DESCRIPTION OF WORK:

The Independent Contractor to install four (4) flow meters, perform the requested services, and
invoice Owner in accordance with Exhibit B attached.

3. PERIOD OF PERFORMANCE The term of the contract will be for two (2) years, with first year commencing
on or about September 1, 2021 and terminating on June 30, 2023. 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, and in
accordance with Exhibit B, not to exceed

SIXTY-ONE THOUSAND TWO HUNDRED and 00/100 DOLLARS ($61,200.00)
for the term of the contract

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 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 until 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:

David Boucher, Superintendent
City of Nashua -Division of Public Works
Wastewater Treatment Facility
2 Sawmill Road
Nashua, NH 03060

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.

Pau P. Casey,

City of Nashua, NH (signature) Flow Assessment Service¢ | LLC (signature)
James W Donchess, Mayor Paul P. Casey, Managing Partner
(Printed Name and Title) (Printed Name and Title)
07/22/2021
Date Date

AG 3 of 3

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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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General Terms and Conditions

1. 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

2. 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.

3. 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

GC 2 of 13