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Jim Donchess
Mayor e City of Nashua

To: Board of Aldermen

From: Mayor Jim Donchess

Date: May 13, 2021

Re: Multi-Year Contract Award — Water Quality Testing

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: Water quality testing at Nashua landfill sites
Value: $129,797 total 3-year contract ($42,339/year 1, $46,144/year 2 &
$44,314/year 3
Vendor: Chemserve Environmental Analysts
Purchasing Memo#: 21-132 dated May 13, 2021
Contract Term: 3 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

City of Nashua

Purchasing Department
Administrative Services Division
229 Main Street - Nashua, NH 03060

May 13, 2021
Memo #21-132

TO: Mayor Donchess
Finance Committee

SUBJECT: Water Quality Testing in the amount of $129,797 funded from accounts 53107 Architect &
Engineering Services

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: Water quality testing at Nashua landfill sites

Value: $42,339/year 1, $46,144/year 2 & $44,314/year 3 for a total of $129,797 for the 3 year
contract term

Vendor: Chemserve Environmental Analysts

Department: 168 Solid Waste

Source Fund: 53107 Architect & Engineering Services

Ordinance: 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 3/24/2021 and the following bids were received:

Vendor Location Amount Note
Chemserve Environmental Analysts Milford NH $129,797

Dubois & King Randolph VT $162,802

Haley Ward Inc Bangor ME $164,336

Civil & Environmental Consultants Raynam MA $210,890

TRC Augusta ME $281,193.33

We recommend this bid to be awarded to the lowest total cost 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: J Lafleur
C O'Connor

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

To:

From:

RE:

Motion E:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: April 29, 2021

Jeff Lafleur, Superintendent
Solid Waste Department

Approval of a contract with Chemserve Environmental Analysts to provide water
quality testing services at Nashua landfill sites.

To approve a three year contract with Chemserve Environmental Analysts of
Milford, NH for water quality testing services at Nashua landfill sites for the Solid
Waste Department in the amount not to exceed $129,797. Funding will be
through: Department: 168 Solid Waste; Fund: Solid Waste; Account
Classification: 53 Professional and Technical Services.

The Solid Waste Department put out an RFP in March 2021 for qualified firms to
conduct water quality sampling and analysis at five Nashua landfill sites.

The Solid Waste Department received five bids for review. Chemserve was the
low bidder and was also chosen because of their in depth knowledge of these
services and their previous experience at the subject sites and other City projects.
They have also provided the required certificate of insurance to accomplish this
testing.

Bidder Total Proposal
Chemserve Environmental Analysts $129,797.00
Dubois & King, Inc. $162,802.00
Haley Ward, Inc. $164,336.00
Civil & Environmental Consultants, Inc. $210,890.00
TRC $281,193.33

This contract is to be awarded with the option for potential annual renewals for up
to three years under the same terms and conditions for each fiscal year (July 1 to
June 30) at the discretion of the City. The contract is scheduled for submittal to
the Finance Committee upon Board of Public Works approval, and is subject to
approval of the City’s FY22 budget.

The Solid Waste Superintendent and the Environmental Engineer recommend
awarding Chemserve Environmental Analysts of Milford, NH the contract for
these services.

CONTRACT FOR INDEPENDENT CONTRACTOR

WATER QUALITY TESTING AND MONITORING
AT NASHUA LANDFILL SITES

RFP0953-041321
A CONTRACT BETWEEN

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

MELPORT ENTERPRISES LLC dba CHEMSERVE
and its successors, transferees and assignees (together “Independent Contractor”)
NAME AND TITLE OF INDEPENDENT CONTRACTOR

317 ELM STREET, MILFORD, NH 03055
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—Melport Enterprises, LLC dba Chemserve proposal dated April 13, 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 4

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:

The scope of services for each site shall include the following tasks:
> Perform all necessary field sampling and analytical testing outlined in the scope of services.

> Become familiar with the sites subject to this RFP, including, but not limited to knowledge of
well locations, leachate sample locations, and surface water locations.

>» Report results to the DES Groundwater Permits Coordinator and the City within 45 days of
sample collection consistent with GMP reporting requirements and indicate where results
exceed allowable regulatory limits.

>» When called upon, meet with the City to review data at no additional cost to the City.
Additionally, perform re-sampling and analysis at no additional cost to the City in the event of
field or laboratory contamination of samples or if questionable analysis results are reported.

> Notify and coordinate all sampling events through the City designated contact person.

» This scope does not include preparing annual or biennial summary reports to NHDES. The
City will prepare and submit these reports separately.

>» This scope does not include collecting storm water samples at the Four Hills Landfill. Please
provide costs for analyses only as outlined in the scope of services. Storm water samples will
be collected by landfill personnel.

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.

AG 2 of 4

4. COMPENSATION. Independent Contractor agrees to perform the work for a total cost not to exceed

FORTY-TWO THOUSAND THREE HUNDRED THIRTY-NINE and 00\100 DOLLARS ($42,339)
For the period July 1, 2021 through June 30, 2022

FORTY-THREE THOUSAND ONE HUNDRED FORTY-FOUR and 00\100 DOLLARS ($43,144)
For the period July 1, 2022 through June 30, 2023

FORTY-FOUR THOUSAND THREE HUNDRED FOURTEEN and 00\100 DOLLARS ($44,314)
For the period July 1, 2023 through June 30, 2024

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

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.

AG 3 of 4

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:

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 parties hereto have caused this contract to be signed and intend to be legally
bound thereby.

City of Nashua, NH (signature) (signature)

James W _Donchess, Mayor
(Printed Name and Title) (Printed Name and Title)

Date Date

AG 4 of 4

SND Ww FY SN

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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

written approval of the City of Nashua, except in the event of termination of employment.
Independent Contractor shall, if requested to do so by the City of Nashua, remove from the
job any personnel whom the City of Nashua determines to be incompetent, dishonest, or
uncooperative.

CITY OF NASHUA REPRESENTATIVE The City of Nashua may designate a City of Nashua
representative for this contract. If designated, all notices, project materials, requests by
Independent Contractor, and any other communication about the contract shall be
addressed or be delivered to the City of Nashua Representative.

CHANGES TO SCOPE OF WORK The City of Nashua may, at any time, by written order,
make changes to the general scope, character, or cost of this contract and in the services or
work to be performed, either increasing or decreasing the scope, character, or cost of
Independent Contractor's performance under the contract. Independent Contractor shall
provide to the City of Nashua within 10 calendar days, a written proposal for accomplishing
the change. The proposal for a change shall provide enough detail, including personnel
hours for each sub-task and cost breakdowns of tasks, for the City of Nashua to be able to
adequately analyze the proposal. The City of Nashua will then determine in writing if
Independent Contractor should proceed with any or all of the proposed change. If the
change causes an increase or a decrease in Independent Contractor's cost or time required
for performance of the contract as a whole, an equitable adjustment shall be made and the
contract accordingly modified in writing. Any claim of Independent Contractor for
adjustment under this clause shall be asserted in writing within 30 days of the date the City
of Nashua notified Independent Contractor of the change.

When Independent Contractor seeks changes, Independent Contractor shall, before any
work commences, estimate their effect on the cost of the contract and on its schedule and
notify the City of Nashua in writing of the estimate. The proposal for a change shall
provide enough detail, including personnel hours for each sub-task and cost breakdowns
of tasks, for the City of Nashua to be able to adequately analyze the proposal. The City of
Nashua will then determine in writing if Independent Contractor should proceed with any
or all of the proposed change.

Except as provided in this paragraph, Independent Contractor shall implement no change
unless the City of Nashua in writing approves the change. Unless otherwise agreed to in
writing, the provisions of this contract shall apply to all changes. The City of Nashua may
provide verbal approval of a change when the City of Nashua, in its sole discretion,
determines that time is critical or public health and safety are of concern. Any verbal
approval shall be confirmed in writing as soon as practicable. Any change undertaken
without prior City of Nashua approval shall not be compensated and is, at the City of
Nashua's election, sufficient reason for contract termination.

CITY OF NASHUA COOPERATION — The City of Nashua agrees that its personnel will
cooperate with Independent Contractor in the performance of its work under this contract
and that such personnel will be available to Independent Contractor for consultation at
reasonable times and after being given sufficient advance notice that will prevent conflict
with their other responsibilities. The City of Nashua also agrees to provide Independent
Contractor with access to City of Nashua records in a reasonable time and manner and to
schedule items that require action by the Board of Public Works and Finance Committee
in a timely manner. The City of Nashua and Independent Contractor also agree to attend
all meetings called by the City of Nashua or Independent Contractor to discuss the work

GC 3 of 12