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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 H1 of 11

CITY OF NASHUA DIVISION OF PUBLIC WORKS SOLID WASTE DEPARTMENT

REQUEST FOR PROPOSALS
REFRIGERANT RECYCLING PROGRAM

RFP1058-030218

ATTACHMENT A ~ PROPOSAL SUMMARY

A narrative, including supplements, addressing the following requirements:

>

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Experience with similar projects;
Servicing plan, including staffing, equipment / vehicles to be used, procedures, etc.;
Documentation of regulatory compliance;

Copy of “Section 608 Technician Certification” credentials for each Contractor
staff member who will work at the Nashua Recycling Center. ; and

Any deviation from the specifications, as listed by the City in this RFP

Attachment A

INTERSTATE REFRIGERANT RECOVERY, INC.
“Ddeadte dtead oF eeaten i gd te eye gn

WAM ERs

Interstate Refrigerant Recovery, Inc. {IRR1) is the leading on-site
refrigerant recovery company in the Northeast.
We service over 500 towns and communities recycling the refrigerant
_trom appliances dropped off at the transfer stations in nine states.

IRRi also works with many construction and demolition companies such
as Demco, Turner, LVI, Nasdi, and many others as well as companies
such as Sanofi-Avantis, Morgan Stanley, GE, NY Yankees and the US
Military, recovering refrigerants from a variety of Freon containing
systems such as rooftop air conditioning units, floor and wall mounted
systems, low pressure centrifugal chillers, va portrans transformers, and
high pressure chillers that contain many thousands of pounds of
refrigerants.
We recover the refrigerants using EPA certified equipment into DOT
approved recovery tanks and transport it to our facility where it is
tested in our lab for purity and then sent to a reclaimer for recycling
and reuse,

IRR} is now working with another company to be able to offer ammonia
reclaimation services to our customers as well,
We also handle a substantial amount of Halon 1211, Halon 1301, HFC-
125 (FE-25), HFC -227 (FM200, FE227), HFC-236F (FE-36) and Novec
1230 and other fire suppression systems. Everyone on our team js
Universally Licensed which means that we can handle any type and size
of equipment as well as Hazwopper 40 certified.

if you have any questions please call me at 508-543-5482 or email me
at freoni1@comcast.net.

Poort Fitins Thee. 4. Boral - NG

- = - psi ere ersten are = “rere no sgoras

heptane eee SOL
cats toe ey eet eS ghee Sr Sree ea daceeaee ae Sa Sor oo eee SS a es

Mainstream Engineering Corporation
By this Certificate Warrants that .
Tl MOTHY MALOOF
has shown competancy and finess (c practice Refrigerant Recyciing, Recovery and Reclamelion and has complied with all requirements of the Environmental Protection

Agency Clean Air Act; therefore by virtue of the powers vested in Mainstream Pee Corporation by the U. S. Environmental Protection Agency, Mainstream
Engineering Corporation’ hereby issues this

EPA Section 608 Universal Certification
Certification Number:
P42DFD6533759B520 z

a8 Required by 40 CFR Part 82, Subpart F subject to the powers of revocation by the EPA.

SUS a

EER RE

REF OSE ERR

CITY OF NASHUA DIVISION OF PUBLIC WORKS SOLID WASTE DEPARTMENT
REQUEST FOR PROPOSALS

REFRIGERANT RECYCLING PROGRAM
IFB1058-030218

ATTACHMENT B -PRGPOSAL COSTS

Price to include the unit price for recovery and recycling of refrigerant gases from appliances collected
at the Four Hills Landfill and Recycling Center from July 1, 2018 through June 30, 2021, subject to
annual budget appropriations and at the City's discretion.

Price per unit: $ (s . CO

Exceptions to price:

Ney

Bidder: Interstate Refrigerant b

Sa

Authorized Signature: Ch. NGACHe UL

Address; \3 \ (Norse Se er AX Rox S|> axdao Ma 0203 \

Email Address: GP ra gc. Go Imre, oS

Phone: SOY- SY 3-SYUG2. Fax: jl +H Ce a22)

Attachment B

CITY OF NASHUA DIVISION OF PUBLIC WORKS SOLID WASTE DEPARTMENT

REQUEST FOR PROPOSALS
REFRIGERANT RECYCLING PROGRAM

RFP1058-030218

ATTACHMENT C —-REFERENCES

A) List three (3) references from communities similar in size and program description to the
City of Nashua, where the vendor has at least one-year experience with handling the

recyclables for each community. Include the name, title and phone number for the contact
person.

(1) Community: (Ct Uo, Serwteirk rt Helos tu Ave Sth iT 06
Population: / od F > } 4
Contact Name: Vito a C8 — 223 —-FR2O ke

Contact Title: he ¢ Le [ce mG ai FEAOT Phone; oC) 3-22 T-HRBaWwG

(2) Community: CHY a€ News mA RumgrA bye fPiulaupdatemA
Tt g _ 7 7
Population: | 5 © U >

Contact Name: LJ ON etir Ti tkbe I t
comme Peculing Maaager re G12 A flem 4
Population: ¥ \ 5 © 4
Contact Name: Gi ct SG Pig — Cambio
Contact Title: Mena er phone YOL-FYI- ¥3 OY

Attachment C

CONTRACT FOR INDEPENDENT CONTRACTOR

REFRIGERANT RECYCLING PROGRAM

RFP1058-030218

A CONTRACT BETWEEN

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

INTERSTATE REFRIGERANT RECOVERY, INC.
and its successors, transferees and assignees (together “Independent Contractor’)

NAME AND TITLE OF INDEPENDENT CONTRACTOR

131 MORSE STREET, PO BOX 517, FOXBORO, MA

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
ATTACHMENTS: Submitted March 2, 2618
ATTACHMENT A: PROPOSAL SUMMARY

ATTACHMENT B: PROPOSAL COSTS
ATTACHMENT C: REFERENCES

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.

AG 1 of 3

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.

3. PERIOD OF PERFORMANCE. 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.

The term of the contract will be for three (3) years with first year commencing on or about July 1, 2018
and terminating on June 30, 2021. 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.

4. COMPENSATION. 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 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.

AG 2 of 3

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 until and unless approved
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:

CITY OF NASHUA REPRESENTATIVE: REPRESENTATIVE:

Jeff Lafleur, Superintendent

City of Nashua, Solid Waste Department
840 West Hollis St

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

Date Date

AG 3 of 3

DM 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
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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